Agreement between User and www.mysideclick.com
Welcome to www.mysideclick.com. The www.mysideclick.com website (the “Site”) is comprised of various web pages operated by mysideclick. www.mysideclick.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.mysideclick.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.mysideclick.com is an E-Commerce Site.
Provide Real Estate Services to Realtors and FSBO’s.
Visiting www.mysideclick.com or sending emails to mysideclick constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that mysideclick is not responsible for third party access to your account that results from theft or misappropriation of your account. mysideclick and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Mysideclick does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.mysideclick.com only with permission of a parent or guardian.
$100 upfront fee and services performed are non refundable. Cancelation and other refunds are only at the discretion of mysideclick.com.
Dishonest Commission Practices by Realtor
If Realtor is found to have lied about lost commission to prevent paying services rendered then Realtor agrees to forgo any mediation and pay mysideclick.com three times the amount of the a la cart pricing plus any legal fees or additional fees to recoup such loses in a court of law. Failure to deal honestly with mysideclick.com may also involve reporting complaint to collections agencies, your firm, realtor association, BBB, etc.
Buyer and Seller Services
- House Tours pricing is based on the max distance of the three houses shown.
- All buyer tour packages must be during the same day showing schedule. If buyer fails to arrive within 10 minutes past appointed time, rather walking tour or video streaming, mysideclick.com has the right to consider buyer absent and leave, no refund will be provided. If buyer cancels tour after payment to mysideclick.com no refund will be provided.
- House video tours will remain on the YouTube Channel for a max of 48 hours before deletion due to agreements with sellers and space constraints. Realtors nor their buyers are to share any videos recorded for this purpose.
- Supervision of contractors and inspectors is just general oversight during time of service work and to assist, if needed, unlocking and locking home. Mysideclick.com presence does not include any Realtor services to your buyer, contractors or inspectors. Any discussions or questions from your buyer, contractor or inspectors should be performed by the Realtor.
- Failure to provide mysideclick.com accurate address or time to drop off or pickup keys or paperwork will result in canceling of the job order with no refund provided to Realtor. If wait is longer than 10 minutes mysideclick.com has the right to cancel the job with no refund given. If a second trip is needed Realtor will need to pay another service fee in addition to no refund for previous attempt.
- Transaction Coordination services are provided independent of mysideclick.com as their services are provided independent of mysideclick.com and not as an employee of mysideclick.com nor any of its subsidiaries. Any issues, legal or otherwise, Realtor has with transaction coordinator services Realtor agrees to hold mysideclick.com and any of its subsidiaries harmless and not at fault.
- Pre-Approval Assistance does not guarantee your buyer will be approved, our services only guide them through the process, have a few of our lenders contact them to start an application, and inform them either of their preapproved status or steps to be preapproved. After this initial assistance Realtor will need to continue these services themselves as once the buyer is either preapproved or given steps to be preapproved mysideclick.com services have been performed and job order closed. Any additional steps and follow-up will then fall on Realtor.
- If a Realtor signs our Total Buyer Package agreement and his or her client home falls out of pending or changes agents or firms thereby ceasing the commission agreed upon earlier the Realtor agrees that all services performed for that specific buyer will then switch to a la carte pricing and will be due within 5 business days of receipt of invoice. Any invoice past due after 5 days is subject to a $50/week late charge until past due reaches 30-days. Failure to pay services on the 30th day the Realtor agrees to forgo any mediation and pay mysideclick.com three times the amount of the a la cart pricing plus any legal fees or additional fees to recoup such loses in a court of law. Failure to pay balances owed to mysideclick.com may also involve reporting complaint to collections agencies, your firm, realtor association, BBB, etc.
- Vacancy / Open House Security Checks are only an additional form of physical checks on homes on the market. Mysideclick.com is not preventative service so is responsible for any damage, theft or squatters found at location. Security checks are only to report of home condition, noticeable damage and contact fire or police if an emergency. Our contractors are instructed not to engage with anyone they find at the residence.
- Realtor understands that staging consult and assistance is based on the experience, taste and opinion of the Stager, as such there are no refunds for either service.
- Before hiring any third party landscaper to provide any services outside the normal day tasks (such as sod replacement, install sprinkler system, fence install, etc.) mysideclick.com strongly advises you contact 811 before you dig. Click HERE for more information.
- With the Hang Door Knob Fliers our contractors will leave all fliers on door knobs except homes with dogs or any homes they deem to be a security risk. These homes will be marked on a form and deducted from your total and refunded back to you.
Third Party Negligence and Release of Responsibility
Any issues, legal or otherwise, Realtor has with third party service providers used on this website Realtor agrees to hold mysideclick.com and any of its subsidiaries harmless and not at fault. Mysideclick.com only outsources services to third parties and not responsible for their actions or services provided. Realtor agrees to release responsibility mysideclick.com and hold only these service providers responsible for any issues including but not limited to theft, quality of work, missed appointments, or any legal or service related issues that may arise. Mysideclick.com will review each complaint and will review if any steps will be taken. However, Realtor agrees that mysideclick.com decision is final.
Links to Third Party Sites/Third Party Services
www.mysideclick.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of mysideclick and mysideclick is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. mysideclick is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by mysideclick of the site or any association with its operators.
Certain services made available via www.mysideclick.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mysideclick.com domain, you hereby acknowledge and consent that mysideclick may share such information and data with any third party with whom mysideclick has a contractual relationship to provide the requested product, service or functionality on behalf of www.mysideclick.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of mysideclick or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. mysideclick content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of mysideclick and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of mysideclick or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by mysideclick from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the mysideclick Content accessed through www.mysideclick.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless mysideclick, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. mysideclick reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with mysideclick in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and mysideclick agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MYSIDECLICK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MYSIDECLICK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MYSIDECLICK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
mysideclick reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and mysideclick as a result of this agreement or use of the Site. mysideclick’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of mysideclick’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by mysideclick with respect to such use. If any part of this agreement is 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and mysideclick with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and mysideclick with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
mysideclick reserves the right, in its sole discretion, to change the Terms under which www.mysideclick.com is offered. The most current version of the Terms will supersede all previous versions. mysideclick encourages you to periodically review the Terms to stay informed of our updates.
mysideclick welcomes your questions or comments regarding the Terms:
Effective as of March 15, 2021