Sort, Inc., a Colorado corporation (the "Company"), owns and operates a website located at sortresidential.com, apps, software, and/or software (collectively, the "Platform") that allows users that create an account with the Company through the Platform (collectively, "Users") to connect with other Users and to acquire and/or purchase products and/or services from business organizations that host and/or sponsor events (collectively, "Organizers"). The Platform is accessible at sortresidential.com and any other websites through which the Company makes the Platform available (collectively, the "Site"). These Terms of Use form an agreement (the "Agreement") made between the Company and you, whether as an individual, entity or other organization (as the case may be "You" or "Your").
All access to and use of the Platform is subject to the terms of this Agreement, as may be amended and updated from time to time ("Terms of Use"). By accessing or using any portion of the Platform, You agree to be bound by the terms of this Agreement. This Agreement includes these Terms of Use as well as all other policies and rules of the Company referenced in these Terms of Use.
You may be required to agree to additional terms and conditions before accessing or using certain areas of the Platform ("Additional Agreements"). The terms of any Additional Agreement will apply to the applicable area of the Platform in addition to the terms of this Agreement. If there is a conflict between this Agreement and any Additional Agreement, the terms of the Additional Agreement will control with respect to Your use of or access to that area of the Platform.
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT REQUIRES YOU TO ARBITRATE ANY DISPUTE.
IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, THE COMPANY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM AND YOU MUST NOT ACCESS OR USE THE PLATFORM.
You must be at least eighteen (18) years of age to use the Platform. By agreeing to this Agreement, You represent and warrant that: (a) You are at least eighteen (18) years of age; (b) You have not previously been suspended or removed from the Platform; and (c) Your registration and Your use of the Platform is in compliance with all applicable laws and regulations. To access some features of the Platform, You may be required to register for an account. When You register for an account, You may be required to provide the Company with some personal information, such as email address or other contact information. You agree that the information You provide is accurate and that you will keep it accurate and up-to-date at all times. When You register, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password, and You are responsible for all actions taken via Your account. You may not share Your user account(s) with others.
If You are entering into this Agreement on behalf of another entity or organization, You represent and warrant that: (a) You are authorized to bind that entity or organization to this Agreement; and (b) the entity on behalf of which You are entering into this Agreement is a duly formed entity existing in good standing in each of the jurisdictions in which the entity transacts business.
You represent and warrant that You: (a) have all authority, rights, and licenses to enter into and perform this Agreement and to carry out the transactions contemplated herein; (b) this Agreement constitutes Your legal, valid, and binding obligation, enforceable against it in accordance with its terms; (c) your execution, delivery, and performance of this Agreement shall not result in a breach or violation of, or constitute a default under, any material agreement, lease, or instrument to which you are a party or by which your properties may be bound or affected; and (d) no suit, action, arbitration, or other legal or administrative proceeding is pending, or to its knowledge has been threatened, against you that would affect the validity or enforceability of this Agreement.
The Company reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, the Platform or this Agreement, at any time and without prior notice. In the event The Company should modify this Agreement in a material manner, the Company will post the modification on the Site, update the "last modified" date at the top of this Agreement. You should periodically review this Agreement so that you are aware of any changes to which you are bound. Your continued use of the Platform after any such modification constitutes your acceptance of the revised Agreement. If you do not approve of the modified Agreement, your only recourse is to discontinue the use or access the Platform. The Company shall not be liable to you or any other User or third party for any modification, suspension, or discontinuance of the Platform.
All Users, Organizers and Affiliates are independent from the Company and are not the employees, independent contractors or agents of the Company. The Company is in no way responsible for business relationships between any User, Organizer and/or Affiliate. Except as otherwise provided in this Agreement, the documentation of the relationship between any User, Organizer and/or Affiliate is expressly the responsibility of the respective User, Organizer and/or Affiliate. The Company shall not be, nor deemed to be, a party to any contract between a User, Organizer and/or Affiliate, and such contracts are solely between the respective User, Organizer and/or Affiliate.
The Company is not a User, Organizer and/or Affiliate.
UNLESS EXPRESSLY PROVIDED HEREIN, THE COMPANY IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN ANY USER, ORGANIZER AND/OR AFFILIATE OR ANY OTHER PARTY WITH RESPECT TO ANY PRODUCTS, SERVICES OR OTHERWISE. ALL AGREEMENTS TO BUY AND SELL ARE BETWEEN ANY USER, ORGANIZER AND/OR AFFILIATE, AND THE COMPANY IS NOT A PARTY AND DOES NOT HAVE ANY RESPONSIBILITIES OR LIABILITIES RELATING TO SUCH AGREEMENTS.
THE COMPANY HAS NO CONTROL OVER THE CONDUCT OF ANY USER, ORGANIZER AND/OR AFFILIATE OF THE PLATFORM OR ANY THIRD PARTY, AND THE COMPANY DISCLAIMS ALL LIABILITY IN THIS REGARD.
THE COMPANY DOES NOT ENDORSE ANY PRODUCT, SERVICE, USER, ORGANIZER AND/OR AFFILIATE. THE COMPANY DOES NOT MAKE ANY WARRANTY, GUARANTEE, OR REPRESENTATION AS TO THE ABILITY, COMPETENCE, QUALITY, OR QUALIFICATIONS OF ANY USER, ORGANIZER AND/OR AFFILIATE.
USE OF THE PLATFORM DOES NOT CREATE A FIDUCIARY RELATIONSHIP BETWEEN THE COMPANY, ON THE ONE HAND, AND ANY USER, ORGANIZER AND/OR AFFILIATE, ON THE OTHER HAND.
Subject to this Agreement, the Company will provide You with a personal, non-exclusive, limited, non-transferable, freely revocable right to access and use the Platform. All access to the Platform will be solely by You for Your own use in connection with Your use of and access to the Platform. Your rights to access and use the Platform are non-exclusive, non-transferable, and non-sublicensable. You understand that the Company may from time to time, in its sole discretion, suspend or discontinue the Platform (or any portion thereof) with or without notice.
You may be required to establish an account (an "Account") to access portions of the functionality of the Platform. The Company offers three (3) types of accounts (i.e., User Accounts, Organizer Accounts, and Affiliate Accounts). Approval of Your request to establish an Account will be at the sole discretion of the Company. In connection with establishing an Account, You will be asked to submit certain information about Yourself ("Registration Information"). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current.
Each Account, the User identification, the Organizer identification, the Affiliate identification and/or password for each Account ("Account ID") is personal in nature. Each Account is for Your personal use and each Account ID may be used only by You or, if You are an organization, by an individual employee within Your organization. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform through Your Account.
Each calendar month, each Organizer shall pay the Company a fee in the sum of ten percent (10%) of the sum of any fees and/or compensation payable by a User to such Organizer and/or the Company (on behalf of such Organizer) for products and/or services in connection with the Platform (the "Organizer Fee"). The Organizer Fee shall be due and payable on or within five (5) business days following the end of the calendar month attributable to the Organizer Fee.
The Company shall pay each respective Affiliate a fee in the sum of ten percent (10%) of any Organizer Fee collected by the Company from an Organizer that lists such Affiliate as the Affiliate responsible for promoting the Platform to the Organizer and assisting the Organizer in becoming an Organizer upon the registration of such Organizer's Organizer Account with the Company (the "Affiliate Fee"). The Affiliate Fee shall be due and payable by the Company to the respective Affiliate on or within five (5) business days following the end of the calendar quarter attributable to the Affiliate Fee.
All Company Content and User Content is for informational purposes only. The Company has not verified the accuracy of, and shall not be responsible for any errors or omissions in, any Company Content or User Content. You are solely responsible for Your use of or reliance on any Company Content or User Content. Subject to your compliance with this Agreement, the Company grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access and view all Company Content, User Content, Organizer Content and/or Affiliate Content in connection with Your use of the Platform. You will have no right to sublicense the License.
Each respective User, Organizer and/or Affiliate is solely responsible for its respective User Content, Organizer Content and/or Affiliate Content and compliance with any and all applicable laws, rules and regulations. In connection with such use, You agree not to do any of the following and not to advocate, encourage, or assist any third party in doing any of the following:
All Intellectual Property Rights related to the Platform, Company Content, and the technology and software underlying the Platform or distributed in connection therewith, are the exclusive property of the Company and its licensors. You expressly acknowledge that You are not receiving, nor entitled to, any ownership interest in or to any of Intellectual Property Rights. The Company reserves all rights not expressly granted herein.
You will be permitted to post, upload, publish, submit or transmit User Content to the Platform subject to the terms of this Agreement. The Company claims no ownership rights or interest in your User Content, Organizer Content and/or Affiliate Content. With the exception of payment information, by providing the User Content through the Platform, You hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, modify, syndicate, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, make derivative works of and otherwise exploit such User Content on, through, or by means of the Platform or through any other channel in any format.
The Company does not endorse any User, Organizer and/or Affiliate by virtue of any Posting, use of the Platform by any User, Organizer and/or Affiliate, or otherwise. The Company does not screen, review or confirm the accuracy of any User Content, Organizer Content and/or Affiliate Content. You are responsible for determining the identity of others with whom you engage and suitability of products and/or services You acquire via the Platform.
IF THE PLATFORM OR THIS AGREEMENT PROVIDES ANY PROFESSIONAL INFORMATION OR RECOMMENDATIONS, SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE DEEMED OR CONSTRUED AS PROFESSIONAL ADVICE. NO DECISION OR OTHER ACTION SHOULD BE MADE ON THE BASIS OF SUCH INFORMATION. THERE IS NO FIDUCIARY RELATIONSHIP BETWEEN YOU AND THE COMPANY.
The Platform may contain links to third-party websites ("TPS"). You acknowledge and agree that the Company does not endorse any such TPSs and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, services or products available from such websites or resources. The Company disclaims and shall have no liability or responsibility for the privacy practices or other actions of any TPS.
The Company respects the Intellectual Property Rights of Content owners and asks that all Users, Organizers and/or Affiliates to do the same. If You believe that Your copyrighted work which is accessible through the Platform has been copied in a way that constitutes copyright infringement, or that Your Intellectual Property Rights have been otherwise violated, You should notify the Company. The Company, in its sole discretion, will investigate claims of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act of 1998 ("DMCA") and other applicable intellectual property laws.
A notification of claimed copyright infringement should be sent to admin@sortresidential.com.
The Company shall have the right, in its sole discretion, to suspend or terminate, in whole or in part, for any reason, with or without cause or prior notice and without liability to You, the Platform or your Account. The Company shall not be liable to You or any third-party for any such suspension and/or termination. You will remain liable for any amounts due in accordance with this Agreement after any such suspension or termination. You may cancel your Account at any time by sending an email to admin@sortresidential.com.
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE COMPANY PROVIDES THE PLATFORM "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND OTHER REPRESENTATIVES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE PLATFORM. THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THIS AGREEMENT IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE PLATFORM IN THE THIRTY (30) DAY PERIOD PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100.
The Platform is developed and operated within the United States and the Content and materials included in the Platform are solely for the use by persons and entities located within the United States. The Platform may not be exported and persons or entities who access or use the Platform from other jurisdictions are obligated to comply with United States and local laws and regulations.
You agree to release, defend, indemnify and hold the Company Parties harmless from and against any claims, costs, liabilities, rights, damages, losses, and expenses, including, without limitation, reasonable attorney's fees, arising from (i) Your access or connection to, or use of the Platform; (ii) Your breach of this Agreement or a third-party's right; (iii) Your interaction with any User, Organizer and/or Affiliate; (iv) Your violation of any applicable law, rule or regulation; (v) the purchase of a product or service by You through the Platform; (vi) any other person or entity's access or use of the Platform with Your login and/or password.
You agree that: (i) the Platform will be deemed to be solely based in the State of Colorado and the United States of America; and (ii) the Platform will be deemed to be a passive one that does not give rise to personal jurisdiction over the Company in jurisdictions other than the State of Colorado. This Agreement will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to its conflict-of-law provisions. You submit to the personal jurisdiction of a state court located in Denver County, Denver, Colorado or a United States District Court, located in Denver, Colorado.
If any dispute arises between You and the Company, You agree to contact the Company at admin@sortresidential.com and attempt to resolve the dispute informally prior to filing any cause of action against the Company. If You and the Company are unable to resolve the dispute informally, You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Platform (collectively, "Disputes") will be settled by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect.
Unless otherwise directed by the Company, the arbitration will be conducted in English and held in Denver, Colorado before a single arbitrator mutually agreed to by the parties. The arbitration must commence within forty-five (45) days of the date that the party who initiates the arbitration provides the other party with a written Demand for Arbitration in compliance with the AAA Rules.
By accepting this Agreement, You acknowledge and agree that all claims must be brought in Your individual capacity and that You are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or similar proceeding.
If you feel that any User engaged in inappropriate behavior or acted illegally, You should immediately report such person to law enforcement authorities. In addition, please also notify the Company by emailing the Company at admin@sortresidential.com.
This Agreement constitutes the entire and exclusive agreement between the Company and you regarding the Platform, Content, any Postings, or any sale made through the Platform, and supersedes any prior agreements between You and the Company with respect to the same.
All notices required to be provided to the Company under this Agreement shall be in writing and delivered by certified U.S. mail (return receipt requested) or overnight delivery service (with confirmation of receipt) to 5350 Amesbury Dr, Dallas, TX 75206, USA. Any notices or other communications permitted or required hereunder by the Company will be in writing and given by the Company in its sole discretion (i) via email, (ii) regular mail, or (iii) by posting via the Platform.
The failure of the Company to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of such right or provision. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You understand that by using the Platform you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in the Company's Privacy Policy. By using the Platform, You consent to the collection and use of data and information You may provide to the Company or through the Platform as outlined therein.
If you have any questions on this Agreement, please contact the Company at admin@sortresidential.com.
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