Terms of use

The use of the Site indicates your unconditional acceptance of these terms of service. We reserve the right, in our sole discretion to update or revise these terms of service. Your continued use of the site following the posting of any changes to the terms of service constitutes acceptance of those changes.

Use of the Site:

Acceptable Use

feeDuck hereby grants you a limited, non-exclusive, royalty-free, revocable, and non-sub licensable license to use the Website for its lawful and intended purposes. You are expressly prohibited from using the Website outside of the uses stated in this Agreement.

Limitations on Use

You are hereby prohibited from using the trademarks, service marks, designs, and logos of feeDuck, or any colorable imitation thereof, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of feeDuck. The Website is subject to all intellectual property laws, including but not limited to trademark, copyright, and trade secret laws.

You are prohibited from using the Website for any use not explicitly stated in this Agreement. Such unauthorized uses may include:

• Any commercial use, such as the resale or republication of the Website, excluding the commercial uses allowed by feeDuck, which are offered to users with registered User Accounts;
• Any modification of the Website, including but not limited to translation into another computer language or the creation of derivative works from the Website;
• Any use of the Website outside of its customary or intended purposes;
• Any use of the Website to transmit any material, whether by email, uploading, posting, or otherwise, that threatens or encourages bodily harm or destruction of property;
• Any use of the Website to transmit any material that is unlawful, promotes hatred, is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, federal or foreign law;
• Any use of the Website that promotes and/or enables illegal or unlawful activities.
• Any use of the Website to transmit any material, whether by email, uploading, posting, or otherwise, that violates the rights of third parties, including but not limited to material that contains or constitutes intellectual property infringement, false advertising, or defamation;
• Any use of the Website to defraud, to impersonate, to harass, to participate in or promulgate ponzi schemes, pyramid schemes, chain letters, unsolicited bulk or commercial emails, or to collect personal or personally identifiable information from the users of the Website without their knowledge or consent; or
• Any other activity that disrupts the Website or its associated services, including but not limited to through hacking or denial of service attacks.

Membership Eligibility

The Site is available to members who are either a) 18 years and older, residents of Canada, or b) 21 years and older, residents of The United States of America and who have not been suspended or removed by feeDuck for any reason. By becoming a member you represent that you are of legal age and that you reside in one of the above countries. If you do not qualify, you may not use the Site. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Members may not have more than one active account.

Real Estate Professionals must be currently registered and in good standing with your respective real estate board and must belong to a reputable real estate brokerage in Canada or the United States of America.

You further understand and agree that through your participation in the Website and through your registration and use of a Member Account, the personal information associated with your Member Account may be transmitted to a third party that has also registered a Member Account with the Website. You unambiguously consent to this transmission of your personal information.

Canadian resident real estate buyers and/or real estate sellers will be required to provide consent to receive emails from third parties if the requested feeDuck service requires services from a third party (for example, a local real estate agent).

You understand and agree that the real estate professionals that participate on the Website are not employees of feeDuck. feeDuck is not responsible or liable for any acts or omissions created or performed by such real estate professionals and/or any third party. Your correspondence or business dealings with third parties found on or through the Website and/or Services (including but not limited to payment and delivery or services and related goods, personal information, opt-in contact information and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such third party. You acknowledge and agree that feeDuck will not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings.

You agree to hold harmless and indemnify feeDuck for any and all claims, demands, judgments, liability, costs, or fees, including reasonable attorneys.

You agree to contact the winning home owner within 24 hours of auction ending.

You agree to hold harmless and indemnify feeDuck for any and all claims, demands, judgments, liability, costs, or fees, including reasonable attorneys’ fees, arising out of or relating to disputes over transactions entered into through the Website. You agree to pay for any and all services that you have contracted for through your use of the Website. You also agree to provide any or all services that you have been contracted to perform by users of the Website. You understand and agree that feeDuck will not be held liable for any user’s failure to complete a transaction entered into through the Website.

You represent and warrant that you will not, through your Member Account, (i) violate any term or condition of this Agreement; (ii) violate any applicable law, regulation, license limitations, statute, ordinance, or treaty; (iii) contribute false, inaccurate, or misleading information to the Website; or (iv) violate the rights of third parties, including trademark rights, copyright rights, patent rights, and rights of privacy or publicity. feeDuck reserves the right, within its sole and absolute discretion, to disable, delete, restrict access to, or ban any Member Account or to remove any content, comments, or materials submitted through a Member Account that violates any of the above or are otherwise unlawful, harmful, offensive, or inappropriate, which will be determined in feeDuck’s sole discretion. feeDuck has the right, but has no obligation, to monitor the information submitted through Member Accounts to the Website. feeDuck may replace, modify, or delete this information at any time and in its sole discretion.

Copyright and Proprietary Rights

All articles, text, illustrations, graphics, images, photographs, information, audio or video clips, software and codes available on the Website (the “Content”), including the manner in which the Content is presented, are protected by Canadian and foreign law, including copyright law, and belong to feeDuck. All software integrated in or found on the Website, including, in particular, any type of machine code, including all of the files and/or images contained in or generated by such software, is protected by copyright and may be protected by other laws. All such software belongs to feeDuck, its affiliates or licensors. You shall not: (i) use, copy, modify, adapt, translate, download or transmit all or any part of the software; (ii) sell, lease, license or assign the software or otherwise allow access thereto; (iii) modify, remove or cover any trade-mark or proprietary notice included in the software; (iv) decompile, disassemble, decrypt, extract, reverse engineer or re-create the Website, its components, or something similar to the Website including, in particular, the software, or help anyone do so. Use of the Content and materials for any purpose not expressly permitted in these Terms of Service is prohibited.

Copyright Infringement

Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: feeDuck Inc. support@feeduck.com

Links to Third-Party Websites

No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

Submissions

Any comments, ideas, notes, postings, message suggestions or other communications or information posted on the Site, submitted to feeDuck, or otherwise communicated in connection with your use of the Site (collectively “Submissions”) shall be and remain the exclusive property of feeDuck with no further compensation to you. As such we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions.

UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO FEEDUCK CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF FEEDUCK. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE, OR CONTAIN, LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO FEEDUCK THAT FEEDUCK IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY FEEDUCK, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

feeDuck takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

Disclaimer of Warranty

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, FEEDUCK DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification

You understand and agree that you will hold harmless and indemnify feeDuck, its officers, directors, employees, members, agents, successors, assigns, independent contractors, and employees, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorneys’ fees, that arise from your use of or access to the Website, your violation of any term or condition of this Agreement, your violation of the rights of a third party, or your violation of any applicable law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. This obligation to hold harmless and indemnify feeDuck will survive the failure or termination of this Agreement or your use of the Website.

Limitation of Liability

IN NO EVENT SHALL FEEDUCK OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF FEEDUCK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF FEEDUCK OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO FEEDUCK IN CONNECTION WITH THE APPLICABLE EVENT OR PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FEEDUCK OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF FEEDUCK.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through feeDuck.com. Because some provinces do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such provinces, some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

International Use

We make no representation that information on this Site is appropriate or available for use outside Canada and the United States of America. Those who choose to access this Site from outside Canada or the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Unavailability of Site; Termination; Fraud

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Service. If at any time we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately.  In the event these Terms of Service or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Miscellaneous

Unless otherwise specified herein, these Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and feeDuck with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and feeDuck with respect to the Site. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of feeDuck to act with respect to a breach by you or others does not waive feeDuck’s right to act with respect to subsequent or similar breaches. feeDuck’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Service.

Additional Terms and Conditions

Additional terms and conditions may apply to specific portions of the Site or your membership which terms are made part of these Terms of Service by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Service and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.

You understand and agree that the Website is located in Oakville, Ontario, Canada for all legal and non-legal purposes. You also agree that the Website is passive in nature and does not give rise to personal jurisdiction over feeDuck in jurisdictions other than Ontario, Canada. The laws and legal principles of the province of Ontario will govern this Agreement without regards to its conflicts of laws principles. Any disputes arising out of or relating to this Agreement or your use of the Website will be decided exclusively by arbitration.

YOU AND FEEDUCK AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN OAKVILLE, ONTARIO, CANADA AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES RELEASED BY THE CANADIAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL HAVE THE DISCRETION AND AUTHORITY TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY AND WILL DECIDE THE ARBITRATION PROCEEDING UNDER THE LEGAL PRINCIPLES AND LAWS OF THE PROVINCE OF ONTARIO. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND FEEDUCK AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE PROVINCE OF ONTARIO IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND FEEDUCK AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and feeDuck with respect to the Website. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind feeDuck.

The Website is not directed to persons under the age of eighteen (18) and feeDuck will not knowingly collect personally identifiable information from children under the age of eighteen (18). If feeDuck inadvertently collects personally identifiable information, feeDuck will delete the personally identifiable information in accordance with its security protocols.

Bidding

• You are responsible for reading the full listing, including any instructions the property owner provides, before making a bid. Unless otherwise stated, by making a bid on feeDuck, you are committing to pay the defined fee for the lead should your bid be selected as the winning bid.
• When bidding, you agree to take into consideration standard commission rates for co-operating brokerages.
• A bid initiates a non-binding transaction representing a real estate professional’s serious expression of interest in selling the seller’s property and does not create a formal contract between the real estate professional and the property owner.
• Before placing a bid, real estate professionals are required to pre-authorize a payment that is no less than the cost charged per lead. Payment will only be processed if and when an auction is won.
• You agree to honour the rate that you have bid on an auction and provide the services that the home seller has requested in their auction.
• You understand that potential property sellers prefer to work with local agents, and you assume the risk of not receiving return communication from property sellers should you choose to bid outside of your local service area of expertise
• You understand that feeDuck does not guarantee leads.  It is up to the real estate professional to secure potential property sellers as clients
• All fees paid are non-transferable and non-refundable.
• You understand that your revenue, tax or income issues are the sole responsibility of your self and feeDuck recommends that you take advice from your accounting, finance or tax professional.  feeDuck is not responsible for any taxes owed or any other income issues you come across as a result of using our service.

Posting an auction

• feeDuck is not intended to solicit parties under an exclusive contract with a brokerage.
• You agree to provide accurate information about the property you are listing and that the property is yours to list.
• You agree to provide accurate information about the property you are seeking.
• You agree that feeDuck will be contacting you to verify the details you’ve submitted (your personal information and auction information).
• You agree to providing accurate and current contact information (including but not limited to telephone number and email address) which will be forwarded to the winning agent.
• You agree to allow the winning agent to contact you using the information you’ve supplied to feeDuck.
• You are not a real estate professional.
• You understand that your revenue, tax or income issues are the sole responsibility of your self and feeDuck recommends that you take advice from your accounting, finance or tax professional.  feeDuck is not responsible for any taxes owed or any other income issues you come across as a result of using our service.

FEEDUCK AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

All rights not expressly granted herein are reserved to feeDuck.