Introduction

Please read these terms and conditions of use (the “Agreement”) carefully because they apply to your use of this Site. This Agreement forms a binding legal agreement between you and us, as the terms “you” and “us” are herein defined. Unless otherwise agreed in writing, any and all use of this Site (including all services and content located at the Site) will always be subject to, at a minimum, all the terms, conditions, and provisions set out by this Agreement.

 

Definitions

 

In this Agreement (to include the Privacy Policy) the terms as defined in this Agreement shall have the meaning(s) as set forth in this Agreement and in particular, without limiting the generality of the foregoing, the following terms have the following meanings:

• • The term “Agreement” means all these Terms and Conditions of Use set out here, and as they are amended and/or updated from time to time as set forth below, and includes the Privacy Policy.
  • The term “Site URL” means the internet domain RentToOwnRevolution.com, ioffersolutions.com, ioffersolutions.ca, johnamccabe.com, creiinsiders.com, app.creiinsiders.com, johnamccabe.kartra.com
  • The term “Site” means the internet website located at the Site URL and includes its websites, sub-domains, files, TCP/IP ports, digital services, and all other electronic facilities.
  • The terms “you” and “your” and “yourself” all mean and include each human being, individual, and person (and includes every company, legal entity, and other party the human being, individual, and/or person represents and/or acts on behalf of) that views and/or otherwise interacts with the Site at any time and/or in any manner whatsoever.
  • The terms “we” and “us” and “our” and “ourself” all mean the operator of the Site (ioffersolutions Real Estate Services Inc.) and shall in no event mean or include the owner of the Site URL.
  • The term “Party” means an entity and/or party to this Agreement as they may be from time to time, and it is expressly understood that this shall be read and construed as the number and gender of the party or parties referred to in each case as required.
  • The term “Company” means and includes the operator of the Site, the owner of the Site URL, and all their subsidiaries, associated organizations, parent organizations, affiliates, principals, and strategic partners.
  • The term “Privacy Policy” means our privacy policy as set out here and includes all updates and changes.

 

Your Acceptance of the Agreement

 

BY USING THE SITE, YOU ACCEPT, UNDERSTAND, AND AGREE TO THIS AGREEMENT; IF YOU DO NOT AGREE OR ACCEPT OR UNDERSTAND, DO NOT USE THE SITE. YOUR ACCESS OR USE OF THE SITE IN ANY WAY WHATSOEVER SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY THIS AGREEMENT. By accessing or using the Site (including but not limited to making use of any contact forms or information found on this Site) you also represent that, in connection with your use of the Site, you have all lawful and legal authority necessary to (i) accept this Agreement on behalf of yourself and any party you represent, and (ii) bind yourself and any party you represent under this Agreement. You agree, warrant, represent, and guarantee that your acceptance of this Agreement shall mean that yourself and any party you represent in connection with your use of the Site have entered into a lawful, legal, valid, and binding agreement and obligation, enforceable against yourself and any party you represent in connection with your use of the Site pursuant to all the terms, conditions, and provisions of this Agreement. If a party you represent is acquiring goods and/or services from us, you agree, on behalf of such party, that this Agreement is applicable to such transaction and shall govern such transaction, unless a written agreement to the contrary has been signed by both the party you represent and us. This is so despite any terms, conditions, and/or provisions on any purchase order or other document or any terms, conditions, and/or provisions on any other website that purport to state to the contrary.
 

Not Realtors or Mortgage Brokers

 

You understand, acknowledge and agree that we are NOT any of the following:

• • licensed real estate agent and/or realtor
  • licensed real estate broker
  • licensed mortgage broker

Further you understand, acknowledge and agree that in NO EVENT shall we act, in any manner whatsoever, as an agent, realtor, real estate agent, real estate broker, mortgage broker, lawyer, accountant, tax advisor, or any other type of professional.

You understand, acknowledge and agree that UNLESS EXPLICITLY STATED IN WRITING TO THE CONTRARY BY SUCH PERSON, all persons associated with us in any manner whatsoever are NOT licensed realtors, NOT licensed real estate agents, NOT licensed real estate brokers, and NOT licensed mortgage brokers.

You understand, acknowledge and agree that we transact on our own behalf and NOT as an agent or representative of any property owner and/or any property buyer.

 

Limited Use License

 

We grant you a revocable, non-exclusive, non-transferable, limited license to:

• • View and use the Site in accordance with the level of login and/or security access we have intentionally provided to you.
  • Store, display, view, and print copies of materials published on the Site (to include all materials sent or emailed to you by us or by individuals associated with us) solely for non-commercial use within your organization in positive support of our products, services and technology.

No other use of materials published on the Site (to include all materials sent or emailed to you by us or by individuals associated with us) is authorized. In consideration of the initial granting of this license by us, you agree that these materials and any copies of these materials shall not be modified in any manner whatsoever, and that any copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of our or any third party (other than the limited permissions referred to in this section).
Any software and/or files that you download from the Site, and any software and/or files that you receive from us (to include all materials sent or emailed to you by us or by individuals associated with us) are governed by the (i) the license terms accompanying the materials or (ii) if no license terms accompany the materials, this Agreement.

The license(s) granted to you in this section shall automatically and immediately terminate if you violate any of these restrictions and may be terminated by us at any time without cause or notice. Upon termination of either the license(s) or this Agreement, you shall destroy all our materials in your possession, whether in electronic or printed format. All provisions of this Agreement that, by their nature, should survive termination, shall survive any termination whatsoever, whether such termination was with or without cause, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
 

Copyright

 

The Site and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property and/or proprietary rights laws. Except as specifically permitted herein, no portion of the information the Site may be reproduced in any form, or by any means, without prior written permission from us. Except as herein provided you are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this Site for any purpose whatsoever.
 

Trademarks

 

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of their respective owners and are used on the Site under license. You are not permitted to use any Mark without the prior written consent of the owner of that Mark. In addition, page headers, custom graphics, button icons, and scripts, among other things, may not be copied, imitated, or used, in whole or in part, without our prior express written permission.
 

Compliance

 

You may use the Site only as permitted by this Agreement.
You warrant, represent, and guarantee to us that the entering into and performance of this Agreement does not violate, or constitute a breach under (i) any provision of: the by-laws, deed of incorporation, articles of incorporation, certificate of organization, operating agreement, partnership agreement, or any other organization document of yours or any party you represent in connection with your use of the Site, (ii) any agreement, contract, license, judgment or order to which you or any party you represent in connection with your use of the Site is a party or by which you or any party you represent in connection with your use of the Site or any of its assets is bound, or (iii) any law, regulation, circular, order or decree of any governmental authority.
 

Restricted Access

 

Some areas of the Site may be restricted to authorized users only. You agree not to interfere with the operation of these areas or to access or use them without prior permission. You understand that you are solely responsible for maintaining the confidentiality of your passwords and for all activities that occur under your accounts.
 

Disclaimer

 

We have attempted to provide accurate information on the Site. However, the materials on the Site are provided “as is”. The materials appearing on the Site could include technical, typographical, or photographic errors. We may change the programs or products mentioned at any time without notice. We do not make any commitment to update the materials. Mention of products or services which are not our own is for information purposes only and constitutes neither an endorsement nor a recommendation.

 

WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THAT ANY OF THE MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, OR CURRENT, AND WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE LIKELY RESULTS OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO THE SITE.

 

IN NO EVENT SHALL WE OR THE COMPANY OR THEIR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS ON THE SITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

 

All forms, spreadsheets, and other printed, electronic, and web based materials (collectively the “Forms”) are provided (including those you access on the Site, those we provide you, and/or those our representative provides you) at all times for educational, example and/or illustrative purposes only. We make no representations or warranty, express or implied, as to the legal effect and/or completeness of any Forms for any usage or purpose whatsoever. We hereby disclaim any and all liability with respect to the use or reliance on the Forms by any party. We recommend that you obtain an attorney and/or other qualified competent professional to ensure that any Forms are suitable for any intended use. Unless otherwise specifically stated, the provided information, materials, and Forms are made available to you for use as an example of content information and may not reflect the realities of an actual project, transaction or situation. We shall in no event assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed in the Forms.

You may be exposed and/or introduced to various people, organizations and/or opportunities outside of us and/or via the Site. Should you pursue and/or develop such opportunities and/or contacts you do so entirely at your own risk and we make no representations or warranties and provide no certifications or assurances thereto.
 

Not Advice

 

You understand, acknowledge, and agree that we are not engaged in tendering legal, accounting, tax, or other professional advice and you disclaim the giving of any such advice by us. Any assistance or information provided by us, by any parties associated with us, and/or encountered via the Site, to include the time spent face to face or by any means of communication including by phone, fax, text, or email, now or in the future, may not be relied upon as a substitute for consultation with qualified professional accounting, tax, legal, and/or other competent advisors. The service of a practising member of the appropriate profession should be sought in all cases.

 

Links

 

We have not reviewed all of the Internet websites linked to the Site and we shall in no event be responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by us of any kind whatsoever. Use of any such linked website is solely at your own risk.

 

Changes to this Agreement

 

We may at any time change, modify, amend, add, or remove portions of this Agreement and the Privacy Policy. It is solely your responsibility to check both this Agreement and the Privacy Policy periodically for changes. Your continued use of the Site (including any information you previously found on the Site) following the posting of an updated and/or changed Agreement and/or Privacy Policy shall mean that you accept, acknowledge, understand, and agree to such updated and/or changed Agreement and/or Privacy Policy.

 

Products and Services Availability

 

Because broad regional information may be provided on the Site, not all products or programs mentioned may be available in all regions. Please contact our local representative for information as to products and services available in your region.  See TERMS OF PURCHASE page for any products or services purchased.

 

Privacy Policy

 

Please see our Privacy Policy set out here which shall form an integral part of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of the Privacy Policy, the terms and conditions of this Agreement shall prevail.

 

User Content

 

In this Agreement, “user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to the Site and/or provide to us and/or provide to an associated organization, for whatever purpose, and at any time (including when you provide us a testimonial).

You grant to us a worldwide, irrevocable, non-exclusive, and royalty-free, license to use, reproduce, adapt, publish, sell, resell, trade, transmit, assign, publicly perform, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, royalty-free, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit and/or remove any user content and material submitted to the Site, stored or hosted on our servers, or published upon the Site.

Notwithstanding our rights under this Agreement in relation to user content, we do not undertake to monitor the submission of such user content to, or the publication of such user content on, the Site.

 

You agree that all testimonials and records of the accounts of our clients, customers, agents, trainers, promoters, strategic partners, and events, of any nature, whether existing at the time of this Agreement, procured through your efforts, or learned by you from any other source, and whether prepared by you or otherwise, shall be our exclusive property.

 

All the clauses within this section shall survive any termination of this Agreement whether such termination was with or without cause.

 

Acceptable Use

 

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent.

You must not use the Site to transmit or send unsolicited commercial communications.

 

You must not use the Site for any purposes related to marketing without our prior express written consent.

 

You must not use the Site or the contents thereof in any legal, regulatory, and/or administrative proceeding.
 

Limitations of Liability

 

We shall not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site:

• • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this Agreement shall exclude or limit any warranty implied by the common law that it would be unlawful to exclude or limit.

 

Term of Agreement

 

This Agreement shall continue in perpetuity unless terminated by our company President providing a properly signed and authorized written termination notice to you.

 

Reasonableness

 

You agree that the exclusions, exceptions, terms, conditions, provisions, limited use license, and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must not use this Site at any time or in any manner whatsoever. You irrevocably waive any defence to the strict performance of the restrictions, limitations, provisions, and terms contained in this Agreement.

 

Other Parties

 

You accept that we have an interest in limiting the personal liability of our directors, officers, agents, principals, and employees. You agree that you shall not bring any claim personally against the Company directors, officers, agents, principals, and/or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you irrevocably agree that the limitations of warranties and liability set out in this Agreement shall protect all Company directors, officers, agents, principals, employees, subsidiaries, successors, assigns, and sub-contractors, as well as the Company.

 

Waiver of Claims

 

You irrevocably waive any and all rights to assert affirmative defences or counterclaims in any action instituted by us with the exception of an affirmative defence based upon becoming fully compliant with all the terms, conditions, and provisions of this Agreement, and any and all other agreements you have entered into with us and/or the Company.

 

Indemnity

 

You hereby finally and irrevocably release and shall fully indemnify the Company and all associated organizations, sub-contractors, parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, shareholders, heirs, administrators, executors, individuals, associates, agents, co-venturers, partners, trustees, and independent contractors, from any and all liability arising as a result of the application of any materials and/or information offered and/or opportunities, financial and/or otherwise exposed to, and/or outside sources exposed and/or introduced to, prior to and/or during and/or after the first day you accessed the Site, and furthermore you do for yourself and for your successors and assigns, remise, release, fully indemnify, and forever discharge, the Company and all its associated organizations, sub-contractors, parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, shareholders, heirs, administrators, executors, individuals, associates, agents, co-venturers, partners, trustees, and independent contractors, from any and all liabilities, causes of action, actions, claims (including but not limited to any claims for personal injury, amounts paid in settlement whether or not you approved such settlement, property damage, or infringement of copyright, trademark, patent or other proprietary right), expenses, court costs, attorney fees (including: any fees and/or costs incurred on appeal and/or arbitration, and all costs of a solicitor(s) and their own client costs on a full indemnity basis), proceedings, demands, suits, debts, duties, damages, omissions, negligent acts, judgments, injuries sustained, loss incurred, interest and costs of any nature or kind whatsoever, wheresoever, whether at law or at equity and whether known or unknown and whether suspected or unsuspected which you, your officers, directors, employees, successors and assigns, and/or heirs and administrators and executors and respective successors and assigns, have or hereafter can, shall or may have relating to the Company and any associated organizations, and any matter relating to or arising from dealings between you, the Company, and/or any associated organizations, however arising. It is further understood and agreed that nothing in this release shall be construed as an admission of liability in connection with any matter for which this release is given. The clauses within this section and these indemnification obligations, shall survive any termination of this Agreement whether such termination was with or without cause.

 

Breaches of this Agreement

 

Without prejudice to our other rights under this Agreement and notwithstanding any terms, provisions, and/or conditions to the contrary herein, in the event you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site.

 

Assignment

 

We may transfer, sub-contract, assign, sell, resell, and/or otherwise deal, to any person and/or entity whomsoever, and in any manner whatsover, with any and all of our rights, interests, licenses, responsibilities, and obligations under this Agreement without notifying you or obtaining your consent.

You may not transfer, sub-contract, assign, sell, resell, or otherwise deal with your rights, interests, licenses, responsibilities, and/or obligations under this Agreement in any manner whatsoever without the prior express written and signed consent of our company President and which consent may be arbitrarily withheld.
 

Failure to Notify

 

Our failure to insist on strict compliance with any of the provisions, terms, covenants or conditions of this Agreement shall not be deemed a waiver of that provision, term, covenant or condition, nor shall our waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times under this Agreement. Except as may be limited herein, we may, in our sole and absolute unfettered discretion, exercise any and all rights, powers, remedies and recourses available to us under this Agreement or any other remedy available to us and such rights, powers, remedies and recourses are cumulative and may be exercised concurrently or individually without the necessity of making any election.

 

Injunction and Damages

 

All Parties acknowledge that a breach by you (including any of your representatives) of any obligation under this Agreement may cause irreparable harm to us which may be difficult or impossible to ascertain, and that an award of damages shall not be a sufficient remedy for such breach. Accordingly, we shall be entitled to specific and strict performance of this Agreement and an injunction to prevent any breach or threatened breach of this Agreement, without having to show any actual damage or that monetary damages would not provide an adequate remedy, and without any bond or other security being required. No remedy is exclusive, but each is cumulative and in addition to any other remedy otherwise available at law or in equity. Liquidated Damages shall be calculated and determined in the absolutely exclusive, sole, and unfettered discretion of an arbitrator pursuant to the dispute resolution terms herein, and shall be due and payable immediately.

 

Joint and Several

 

If you are comprised of more than one person or entity, then all of the covenants, agreements, representations, guarantees, acknowledgements, understandings, and warranties of each of the persons and entities comprising you shall be joint and several covenants, agreements, representations, guarantees, acknowledgements, understandings, and warranties. In the event you are comprised of more than one person or entity, each hereby irrevocably grants all rights and authority necessary for the other to sign and initial on their behalf for, and in regards to, any and all notices, amendments, addendums, and the like related to this Agreement.

 

Severability

 

Each provision of this Agreement is intended to be severable. If any provision of this Agreement, or the application of such provision to any person, entity or circumstance, shall be held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable in any respect (the “Invalid Portion”), the remainder of this Agreement, and the application of such provisions to persons, entities or circumstances other than to those as to which it is held invalid, void, illegal or unenforceable, shall not be affected thereby and this Agreement shall be construed as if the Invalid Portion were never a part hereof, and such Invalid Portion shall be limited to be the smallest reduction in extent, time, scope, and any other limitations as required by such court ruling, and the remaining provisions shall nevertheless continue in full force and to the maximum extent, time, scope and limitations available without being impaired, invalidated in any way, or violating such court ruling.

 

Entire Agreement

 

This Agreement supersedes any and all other agreements, either verbal or in writing, between you and us respecting the subject matter contained herein, and contains all of the covenants and agreements between the Parties with respect to that subject matter whatsoever. Each Party to this Agreement acknowledges that no representations, warranties, guarantees, collateral, inducements, promises, agreements, past agreements, and/or statements verbally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. All Parties agree that time is of the essence. You agree and covenant to promptly execute and deliver any further documents, conveyances, assurances and agreements, and do all acts and things that we may require in order to carry out the full force, effect, intent and meaning of this Agreement. Furthermore all Parties acknowledge and agree that the exchange of information under this Agreement shall not commit or bind any party to enter any future and/or further contractual relationship with any other party beyond what is contained herein.

 

Choice of Law

 

All Parties agree, acknowledge, warrant, covenant, understand, guarantee, and represent, each to the other that any and all aspects of interaction, business, and relationship whatsoever between you and the Company (including this Agreement between the Parties, and all the rights and obligations of the Parties hereunder), shall at all times and places be binding and construed according to the common law, except where displaced by the Uniform Commercial Code (the “UCC”) as adopted by the sovereign state of Wyoming, and the guiding interpretation shall be Lawrence’s Anderson on the Uniform Commercial Code the 3rd (or more recent) edition; and notwithstanding the foregoing, pursuant to UCC 1-103.6 the common law shall at all times remain in force. Subject to all clauses and terms regarding privacy herein, this Agreement and all documents contemplated by, delivered under, and/or in connection with this Agreement shall at all times be treated in all respects as a common law contract.

 

Arbitration

 

The Parties of this Agreement irrevocably and unconditionally agree, understand, warrant, represent, guarantee, and covenant, each to the other, that any dispute, controversy, or claim arising from or in connection with this Agreement or the breach, termination or invalidity thereof shall be finally, exclusively, and only resolved through arbitration held in a location to be determined exclusively by our company President, according to the rules of procedure (the “Rules”) of the Inter-American Commercial Arbitration Commission in effect on the Effective Date. Notwithstanding the foregoing (including any conflict with the Rules) the Parties agree the arbitral tribunal shall be composed of only one arbitrator chosen and appointed in the sole and absolutely unfettered discretion of our company President, and such arbitrator shall also act as the presiding arbitrator of the tribunal. If the arbitrator designated cannot continue performing as arbitrator, the Party who designated such arbitrator shall have the right to name a substitute arbitrator according to the provisions of this section. Unless otherwise agreed by the Parties, all promotions, resolutions and decisions related to arbitration held according to this Agreement shall be issued in English, and all arbitration proceedings and all allegations shall be in English. Documentary evidence in English may be presented in the original language; witnesses who are not fluent in English may give testimony in their mother language (with the corresponding translation). Original documents in a language other than English must be submitted with a translation into English accompanied by the original documents or a true copy thereof. The arbitrator’s final decision shall be binding and unappealable, and may be presented before any competent court for its recognition, enforcement, and execution.

 

Jurisdiction

 

Other than the arbitration clauses herein, no jurisdiction whatsoever is and/or shall be: attorned, granted, submitted to, and/or consented to, by any Party and this shall be irrevocable and unconditional. Each Party Reserves all its Rights Without Prejudice (UCC 1-207.4 / UCC 1-308 / UCC 1-103). Notwithstanding all the clauses and terms regarding jurisdiction herein, the sole exception shall be in the event a Party presents an arbitrator’s final decision (and only where such arbitrator’s final decision was obtained pursuant to all the arbitration terms and provisions herein) to a competent court for its recognition, enforcement, and/or execution.

 

Notices

 

Except as otherwise provided for in this Agreement, each notice, request, demand, consent, or other communication provided for or permitted under this Agreement to us shall be physically in writing and not by facsimile, email or any other similar device, and shall be effective when actually delivered in person, or by courier, or FOURTEEN (14) business days after being deposited in the mail, postage prepaid and addressed to us at the address set forth herein or at such other address as we may designate. In the event of a mail stoppage or slow down, all notices to us shall be delivered in person or via courier:
ioffersolutions Real Estate Services Inc., attn: Suite 126, 9768 170 Street, Edmonton Ab, T5T 5L4

 

Amendment

 

Unless otherwise provided for in this Agreement, this Agreement (including the terms, conditions, and provisions thereof) may be altered or amended only by an agreement in writing signed by all the Parties.

 

Interpretation

 

All Parties agree, acknowledge, warrant, covenant, understand, guarantee, and represent, each to the other that we shall at all times have all (and shall at all times be the only legal and/or lawful entity to have any portion of): authority, capacity, and rights to:

• • determine, set, and judge, all: fees and standards of performance pursuant to any and all parts, terms, provisions, and conditions of this Agreement; and
  • the interpretation of this Agreement (including the Privacy Policy) and any and all parts, terms, provisions, and conditions thereof; and
  • amend this Agreement and the Privacy Policy from time-to-time.

 

Construction

 

The division of this Agreement into sections, subsections, paragraphs and subparagraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement and shall not be deemed to constitute a part of this Agreement nor affect the meaning of same.

 

Binding Agreement

 

This Agreement shall be binding on and inure to the benefit of the Parties and their respective officers, directors, agents, employees, executors, administrators, legal representatives, accountants, bookkeepers, successors, and assigns.

 

Acknowledgements

 

Each Party irrevocably and unconditionally acknowledges to and agrees with the other that: 1) they have read this Agreement, understand it, agree to it, and have been given a copy; and 2) neither Party has provided the other any type of advice (including any type or amount of: legal, accounting, tax, financial, technical, investment, real estate, appraisal, and/or other professional advice); and 3) in all matters and things each Party shall be responsible to perform their own due diligence; and 4) our silence and/or lack of response in regards to any matter shall in no event mean, convey, imply, and/or be taken as, in any manner whatsoever wheresoever, our consent. Each Party further has been advised to seek legal, tax, technical expertise, and any other counsel of their choosing concerning this Agreement and prior to accepting this Agreement, and does not rely on any representations made by the other Party in entering into this Agreement. All Parties acknowledge that they have received all other documents that make up this Agreement, including the Privacy Policy and any schedules or addendums which form part of this Agreement. The clauses within this section and these indemnification obligations, shall survive any termination of this Agreement whether such termination was with or without cause.

 

Publicity

 

You understand and agree that you are not a representative for us and are not authorized to make public statements of any kind to any third parties, including members of the media, on our behalf. Should you be approached by any third parties requesting a public statement, you agree to direct such individuals to our headquarters where the request can be directed to our representative authorized to speak to the public.

 

Personal Pronouns

 

It is expressly understood and agreed by all Parties that all words and personal pronouns in this Agreement shall be read and construed as agreeing with the number and gender of the party or parties referred to in each case as required and the verb shall be construed as agreeing with the required word and/or pronoun as required (the “Reading”), and such Reading shall ensure the maximum of extent, time, scope and any and all other limitations available within the terms, provisions, conditions, and definitions of this Agreement.

 

Non-Limiting

 

The word “including”, when following any general statement, shall be construed to refer to all other things that could reasonably fall within the scope of such general statement, whether or not non-limiting language (such as “without limitation” or “without limiting the generality of the foregoing” or “but not limited to”) is used with reference thereto. Terms such as “hereunder” and “herein” refer to this Agreement as a whole and are not limited to any specific provision or provisions of this Agreement.