Terms Of Service - Notice - Estate Synergy

Binding Terms Of Service

The ESN commitment: Estate Synergy LLC aka Estate Synergy Network looks forward to building a long-term business relationship with real estate and home service professional partners from around the U.S. These terms of service are put in place to ensure that all parties work in good faith during the term of any applicable partnership agreements. It is important to ensure that your brand, your business, and Estate Synergy’s brands are protected from any controversies or issues. Therefore, you agree to always represent ESN brands in a professional manner, and to settle any issues through respectful communication and through the appropriate resolution process as outlined in this agreement. Estate Synergy is committed to becoming an important part of your advertising and referral acquisition strategies. These binding terms of service require all ESN partners to always operate their business in a professional manner. We require all of our partners to resolve any account related issues through arbitration if necessary. We also prohibit you from posting comments about this program publicly anywhere for any reason through our non disclosure agreement.

Real Estate and Home Service Professionals agree to abide by Estate Synergy’s aka (ESN) binding terms of service. By signing a referral agreement or moving forward with any type of business relationship with us, you agree to these binding terms of service. Please read our full terms of service prior to signing a referral partnership agreement, and prior to signing any type of business agreement with Estate Synergy. By moving forward and signing an agreement with Estate Synergy you agree to be bound by these binding website terms of service. Any real estate agent or person here and after also referred to as “YOU” who submits zip codes and or proceeds to sign any type of agreement with Estate Synergy agrees to personally be bound by these terms.These terms of service will serve as an additional agreement with binding terms, separate, and in addition to any other agreements you sign.

1. Once you enter into a contract, or any type of agreement with Estate Synergy all payments and monies owed to Estate Synergy must be paid. There are no cancellations and no refunds unless specifically offered and said offer only applies if in writing and if the full 12 month contract term runs its full course, or is expired. Refunds will ONLY be issued if the parties go through a binding arbitration and allow the arbitrator to come to the conclusion that ESN should provide a refund. Furthermore, if you are found to be in violation of these terms of service any refund offers or guarantees become null and void. Failure to pay fee or dues outlined in the agreement (s) and or proposals, will be deemed a material breach of contract. If Estate Synergy ends up having to take legal action, or to commence arbitration proceeding against you, All of Estate Synergy’s attorneys fees will be recoverable and reimbursed by you if ESN prevails in any legal proceeding. This is including but not limited to matters of arbitration, to enforce the terms of the agreement or to recover fees and dues that were not paid after contract was signed.

Any real estate agent or person who submits zip codes and or proceeds to sign any type of business agreement with Estate Synergy agrees that they are doing so with their managing brokers consent.

2. Fiduciary Relationship: Any real estate agent or person who submits zip codes and or proceeds to sign any type of agreement with Estate Synergy agrees to serve as a fiduciary/real estate agent representing Estate Synergy’s interests. This agreement will be considered both a partnership and representation agreement.

NOTE: This is NOT a lead service or any other type of service. In essence you are working with Estate Synergy in the capacity as our real estate agent who owes us a fiduciary duty in said prospective real estate transactions and discussions. Furthermore, in essence, this is also a B2B partnership agreement. You are NOT a consumer in any type of transaction or agreement you may enter into with Estate Synergy.

3. Any real estate agent or person who submits zip codes and or proceeds to sign any type of agreement with Estate Synergy agrees to allow the full 12 month term for both parties to benefit from any business relationship associated with any agreement YOU sign with Estate Synergy. You understand that it can take up to 12 months to see any applicable advertisements, collaborations, or any proof of work and concepts, and you agree you will not post bad reviews or initiate any legal complaints or proceedings outside of the dispute resolution process outlined in the binding terms of service. Any party that does not follow these terms of service will be responsible for all damages, costs to Estate Synergy, and attorneys fees resulting in such a breach. Furthermore you agree to not disclose the terms of our agreement with any 3rd party for any reason, other than going through the binding arbitration process.

Professional Conduct Requirements

4. You agree to work in good faith with Estate Synergy and its network of clients. You agree to never resort to any actions that may be interpreted to threaten Estate Synergys business operations. Furthermore, You agree to be courteous, professional, and kind when communicating with Estate Synergy and Estate Synergy clients. Making threats, name calling, online disparaging, online cyber bullying, attempting to speak negatively about Estate Synergy or its network online, would result in an immediate suspension of your account and a forfeiture of any membership fees you have paid. The ONLY dispute resolution process the parties agree to use will be Arbitration as outlined in Estate Synergy’s terms of service on this page.

5. Once any agreements (in addition to these terms of service) are entered into, Estate Synergy agrees to make you one of its business partners, fiduciaries, and website users. Estate Synergy is under NO obligations to guarantee you any level of success other than helping you promote your estate sale and or real estate service. Estate Synergy can take at times at least 45 days to set up your account. At the time of any payment paid by you or your partners to Estate Synergy, such payment or any fees due in relation to any agreements entered into are considered earned in full by Estate Synergy at the time of payment. These terms of service will be considered an addendum to any additional agreement you sign with ESN.

6. Dispute Resolution: In the unlikely event of a dispute over your business relationship with Estate Synergy, you agree that you will not process any claims with your bank without a binding arbitration first. You must first provide written notice titled (Notice Of Breach) to the other party, explaining your grievance, allowing the other party 72 hours to cure any material breach. If the other party fails to cure the material breach within 72 hours, you can then commence to alternate dispute resolution process. You agree that if you have a grievance about your business relationship with Estate Synergy you will initiate binding arbitration first and NO other complaints, NO online reviews, or any other action outside of what’s allowed in this binding alternate dispute resolution clause will be taken by you. You agree that the only person / entity with jurisdiction to determine the rights of the parties and rule upon any controversy or dispute related to our agreement will be an independent, unbiased , Arbitrator. The Arbitrator will be selected by the American Arbitration Association. You agree to pay 50% of the Arbitration and Alternative Dispute Resolution fees. You agree that American arbitration association – AAA, will be the service used for any and all alternate dispute resolution, unless you don’t cooperate with any dispute resolution notices. In such an instance of non cooperation and or non compliance by you, separate clauses will apply as outlined below.

Notice Requirements

7. You (All parties) agree that the act of failing to follow this exclusive dispute resolution condition, for dispute resolution, or any other term of this binding terms of service or the agreement will be deemed a material breach of contract and a breach of the Estate Synergy terms of service. In the event either party wishes to initiate dispute resolution it must be commenced and followed in the exact way it is outlined here in the terms of service. Not following these notice requirements, and or not allowing the other party a 72 hour period to cure any breach or grievance, will result in defective service and arbitration cannot commence.: a. Either party must send over a notice via email or via mail, titled ” Intent To Mediate or Arbitrate” b. The receiving party to the notice, will have 72 hours to acknowledge the notice and cooperate with the process and pay their 50% of the mediation or AAA fees. If the party receiving the notice fails to cooperate / comply or pay their fair share of dispute resolution costs, the party whom sent the intent to media or arbitrate notice can contact and initiate arbitration via any arbitrator and said arbitration does not have to go through the American Arbitration Association if one party fails to comply and or pay for 50% of ADR costs. If an arbitration hearing is scheduled, all parties should be present on the date selected. The ruling of the arbitrator will be final and said awards can be enforced by a local court that has jurisdiction or via collections. If the party who received the 1st notice with intent to mediate / arbitrate fails to attend the arbitration hearing, such an action will result in a final default judgement and default ruling which will be FINAL – NOT appealable and enforceable by the prevailing party. In the event you do not share the cost in the arbitration proceeding, and or fail to cooperate once a Notice with intent to arbitrate is sent, each party will have 1 hour max to lay out their case before the arbitrator. If you would like more time before the arbitrator you will have to pay for those extra hours.

Account Suspension and Forfeiture Of Fees

8. If the real estate agent, investor, or any partner of Estate Synergy violates these terms of service, or any agreement entered into separately at a later date, the violating party will be suspended as an Estate Synergy partner if they fail to cure the violating within 72 hours from the moment of the violation notice. An account suspension and or breach of contract will result in total forfeiture of all fees or monies paid to Estate Synergy by the real estate agent or by any partner. All real estate professionals are expected to govern themselves at the highest standards of ethical and professional conduct. Any unethical conduct by the real estate agent or unprofessional conduct such as ( Threats, Harassment, Cyber Bullying, False Accusations, Online Defamation, Unethical Conduct, Breach Of Fiduciary Duties, and or Negligence) will result in account suspension and a forfeiture of any fees paid to ESN.

Damages

9. Any real estate agent or person who submits zip codes and or proceeds to sign any type of agreement with Estate Synergy agrees to be bound by these Liquidated Damages amounts if there is a violation of these terms of service. Any person, company, and entity found to have breached / violated these terms of service or any agreements emanating from this submission of zip codes, and or any agreement sent by Estate Synergy, will be liable for the following applicable liquidated damages. Liquidated damages are meant only to cure contractual or terms of service violations. Any additional damages related to torts, defamation, tortuous interference with contracts, and or any other claim separately from contractually or tort related damages, such as (breach of fiduciary duty claims) will have damages awarded to ESN separately, if applicable. These damages are in addition to what any arbitrator, judge, or Jury award in the event of a lawsuit or ADR (Alternative Dispute Resolution) Arbitration. You agree that if you are found to have breached / violated these terms of service, and or fail to cooperate with the Alternative Dispute Resolution remedies allowed by Estate Synergy’s terms of service, Estate Synergy can immediately initiate collection proceedings to collect on the liquidated damages.

10. Non Disclosure Agreement: You agree not to publicly post any comments connected with your business relationship online on any website. All business matters, negotiations, dispute resolutions, or information related to your business with Estate Synergy must be kept confidential. Disputes or grievances are not allowed to be litigated or discussed in any public setting. Estate Synergy and YOU agree to not disclose the terms of this agreement, or any details relating to your business relationship or controversies with ESN including disputes, controversies, settlements, strategies, or any details to the public or to any third parties including but not limited to: Websites, Online Blogs, Online Review Websites, Any entity or organization outside of the arbitrator for any reason. ESN respects your brand and ESN will expect for you to respect ESN brands and ESN goodwill in the community. Therefore, solving disputes in private in front of an arbitrator, is the best way to revolve issues without harming either brand in public. Any party found to have violated this section will be liable for $250,000 in liquidated damages for every year the violating party is found to be in material breach or violation. For example: If you write something online about your business with ESN, and violate this section, you will be liable for $250,000 in liquidated damages for that current year and for every year your post remains online. In the event of non compliance to this section (10) of these terms of service, the [violating party] shall pay liquidated damages to [the non violating party] in the amount of $250,000 per year until said public disclosures or public comments are removed, withdrawn, and completely deleted.

Other Liquidated Damages Amounts:

a. Tortious Interference With Contract: If your actions result in Estate Synergy loosing a contract with a perspective client, you agree to pay $5,000 for each instance plus attorneys fees resulting for any legal action resulting from your violation of these terms. Plus any other damages or relief awarded by the arbitrator that go above the $5k in damages per instance.

b. General Violation Of These Terms Of Service: If you are found to have violated any terms of this agreement or of your separate contracts with ESN, you agree to pay $5,000 for each instance plus attorneys fees resulting for any legal action resulting from your violation of these terms. Plus any other damages or relief awarded by the arbitrator that go above the $5k in damages per instance.

Damage Awards CAP for ESN

All parties agree that the liquidated damages clauses, plus prevailing party attorneys fee awards, are only applicable to any real estate agent, advertiser, partner, investor, or home services professional and to their violations and or breaches of contract. The liquidated damages can only be awarded to Estate Synergy. Estate Synergy will not be subject to liquidated damages or to any awards above the amount any partners pay ESN. ONLY if an arbitrator finds that ESN may have violated terms or breached the agreement, YOU are capped at receiving an award or dollar amount limited to the amount of money you may have paid as part of your contract with ESN.

Third Party Websites

11. By entering into a business relationship with Estate Synergy you agree to the following: a. You cannot post any type of content, writings, videos, or any other physical or electronic materials on any 3rd party websites. b. You are not allowed to indemnify or hold harmless any 3rd party websites. Furthermore, you cannot share or post any copyrighted materials, confidential information, or trade secrets to their sites. All information regarding your contract with Estate Synergy is copyrighted and owned exclusively by Estate Synergy. Furthermore, you agree that the contract, the terms of our business arrangement, any details between you and Estate Synergy, are all owned by Estate Synergy and are considered copyrighted intellectual property owned by Estate Synergy.

Communication Expectations

12. Estate Synergy will always do its best to respond to emails within a timely manner. You enter into this business relationship understanding that this type of partnership can potentially take time to organically build. You agree to allow Estate Synergy ample time to communicate with you regarding any business arrangements which can take 21 to 45 days at a time for an email or phone response. Some businesses and individuals may think that Estate Synergy has to respond to general email updates within a certain period of time. Estate Synergy makes no claims or gives no assurances that we will respond to you within any time period if you communicate with Estate Synergy for anything other than initiating dispute resolution. You agree and understand that Estate Synergy will return phone calls or emails, at a time, left to the discretion of Estate Synergy. Due to high demand in Estate Synergy services, and due to other logistical factors, it can take at least 30 – 45 days for Estate Synergy to respond to any communications from you. Estate Synergy will always attempt to respond as soon as possible, but in the event Estate Synergy is not able to respond sooner, you fully understand these communication expectations.

13. Indemnification: You agree to hold harmless and compensate any of Estate Synergy employees, agents, contractors, or partners in the event of a dispute. You understand that there will be staff members, partners, contractors, and others working on your account. You understand that these contractors and staff members may be paid directly or indirectly for contractual fees, or services that may be related to your account.

14. Please DO NOT proceed, submit zip codes, and please do not enter into any agreements with Estate Synergy if you do not wish to be bound by these terms of service. In the event any terms of the agreement or terms of service are contradicting, all parties agree that these terms of service will remain and be the dominant terms that govern the parties. Governing Jurisdiction: All parties agree that ONLY after arbitration, through the method outlined in the terms of service, any awards can be enforced by any court of jurisdiction in: Illinois – Cook County, California – Los Angeles County, or Indiana – Lake County. In the event that a section or sections of these binding terms are found to be unenforceable , or voidable, the remaining sections that are enforceable will remain intact and binding for and to all parties. NOTICE – By taking further action such as: Requesting a proposal, requesting a referral partner agreement, requesting an advertising agreement, or by entering into any type of business agreement with Estate Synergy, these terms of service will become legally binding and govern your rights and the rights of Estate Synergy going forward.

Financial and Payment Terms

15. By signing any type of agreement with Estate Synergy or any of its affiliates, you agree that if you make a payment to ESN or affiliates by: Check, Wire Transfer, Electronic Payment, Credit Card, or ACH that you will NOT file any charge backs or payment disputes with any financial institution regardless of the circumstance. Such claims with banks can result in detrimental harm to ESN’s business operations and banking relationships. You agree that if there is an issue with your account, that you will follow the dispute resolution terms outlined here and in the agreements you signed.

Conclusion

Estate Synergy LLC aka Estate Synergy Network looks forward to building a long-term business relationship with real estate and home service professional partners from around the U.S. These terms of service are put in place to ensure that all parties work in good faith during the term of any applicable partnership agreements. It is important to ensure that your brand, your business, and Estate Synergy’s brands are protected from any controversies or issues. Therefore, you agree to always represent ESN brands in a professional manner, and to settle any issues through respectful communication and through the appropriate resolution process as outlined in this agreement. Estate Synergy is committed to becoming an important part of your advertising and referral acquisition strategies.