Terms of Use and Conditions

THE FOLLOWING SETS OUT THE TERMS ON WHICH SOLACE ESTATE SERVICES LLC OFFERS YOU ACCESS TO THE solaceestateservices.com (“Site”) AND ITS SERVICES. BY SUBMITTING THE REGISTRATION FORM YOU ACCEPT THE TERMS AND CONDITIONS BELOW (“Agreement”).

Before proceeding to use our services, you should read the Terms of Use carefully. If you find yourself unable to agree to them, then you must not use the Site or services. If, however, you agree to them unconditionally you will be given the choice to click the “I accept” checkbox during the registration process, and you will then be able to use the Site and services to which this Agreement applies. If you do not agree unconditionally you must not click “I accept”.

This Agreement may be amended by Solace Estate Services, LLC at any time by posting amended, revised, changed or new terms on this Site (hereafter “amended terms”). The amended terms shall automatically be effective 7 days after they are initially posted on the Site. As such, you should periodically check to see what amendments have been made to this Agreement. Your continued use of the Site or the services provided on the Site following the posting of any amendments will mean that you accept these amendments.

1. DEFINITIONS

1.1 Definition of words and phrases.

In this Agreement, the following words and expressions shall have the following meanings:

“Auction Only” means an Item offered for sale using an auction style selling format.

“Auction with Buy it Now Price” means an item offered for sale using an auction style selling format with an option to purchase immediately at a fixed price set by the Seller.

“Auction” means Auction Only, Auction with Buy it Now Price and any form of buy now or tag sale.

“Bidder” means a person who bids for the Item in an Auction pursuant to this Agreement.

“Buyer” means a Bidder who has made the highest bid in an Auction or a person who otherwise places an order with a Seller for an Item pursuant to this Agreement.

“Buy It Now” means a listing feature that lets a buyer purchase an Item immediately for a fixed price set by the Seller.

“Checkout” means a restricted area of the Site which provides a facility for a Buyer to inform a Seller of their transaction details.

“Item” means a good or service offered for sale at the Site pursuant to this Agreement.

“Rating” means ratings and comments to be posted by a User in relation to a transaction, involving a Seller, that has occurred using the Site.

“Score” means a total of points a User has received due to other Users leaving them Ratings.

“Seller” means a person offering an Item for sale at the Site pursuant to this Agreement.

“Services” means the online shopping and Solace Estate Services, LLC its web platform and all other services offered by Solace Estate Services, LLC at the Site.

“User” means as a User of the Site, including but not limited to its members and Buyers and Sellers, and unless the context requires otherwise included you.

2. Formation of Contract

2.1 In order that a legally binding contract can be formed between Solace Estate Services, LLC and a member, the member is required to accept this Terms of Use unconditionally by clicking the “I have read and accept Solace Estate Services, LLC Terms of Use” checkbox during the registration process.

2.2 Solace Estate Services, LLC in its absolute discretion reserves the right to refuse, suspend or cancel the membership of any member without notice.

2.3 This Terms of Use shall override any contrary terms or conditions published by Solace Estate Services, LLC or appearing on this Site pertaining to members.

2.4 In consideration of Solace Estate Services, LLC agreeing to your use of the Site, you agree to comply with this Terms of Use.

3. Services

3.1 Availability. Any person wishing to use the Services as a Seller, Bidder or Buyer must first agree to these Terms of Use upon registration, becoming a Buyer, Bidder, Seller, Checkout or otherwise using any service of Solace Estate Services, LLC.

3.2 Registration of Membership. You may become a member by supplying all the requisite information to Solace Estate Services, LLC and you are required to accept this Terms of Use unconditionally by clicking the “I have read and accept Solace Estate Services, LLC‘s Terms of Use” checkbox during the registration process.

4. Eligibility for Membership

4.1 You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be older than or at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Further, your Solace Estate Services, LLC account, User ID, Password, Scores and Ratings, may not be transferred or sold to another party.

4.2 When registering, ensure your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and not in breach of any of Solace Estate Services, LLC policies or rules.

4.3 No email / URL can be used in any User ID. You may not register a User ID that is or represents an email address or a web site address (URL).

5. Fees, Payments & Refunds

5.1 Upon sale of an Item, the Seller will be charged a sale fee in accordance with Solace Estate Services, LLC‘s fee schedule or separate agreement with the Seller.

5.2 Solace Estate Services, LLC reserves the right to change the fees charged for any of its services at any time. In the event that Solace Estate Services, LLC introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

5.3 All fees are exclusive of GST and in USA dollars, unless otherwise stated in this Terms of Use.

5.4 Before listing an Item, you should review Solace Estate Services, LLC fees and Seller Services Agreement to ensure you are aware of the fees you will incur.

5.5 All items are sold “AS-IS” AND WITH ALL FAULTS AND WITH NO WARRANTY. ALL SALES ARE FINAL. Solace Estate Services, LLC shall not be responsible for processing any request for refunds or complaints by Buyers, if any. Solace Estate Services, LLC may in its sole discretion and without any liability or obligation, discuss any complaints it receives from any Buyer with the Seller to attempt a resolution or obtain explanation. Buyer represents they are fully satisfied with all aspects of the Item and Property and advised that if they are not they should not bid or buy such Item. Buyer will be entitled to no refund of any payment.

6. Functions of Solace Estate Services, LLC

6.1 Solace Estate Services, LLC is a venue for members to offer, sell or buy Items. Solace Estate Services, LLC is not an auctioneer. Solace Estate Services, LLC may have separate or differing agreements with Sellers to assist Sellers in listing, selling and making Items available to Buyers. If there are any conflicting provisions with this Agreement and any Seller Services Agreement with a Seller, the Seller Services Agreement terms will apply.

6.2 No warranty for goods offered. You acknowledge that Solace Estate Services, LLC does not have any control over actual quantity, quality, safety, legality or the fitness for any purpose of the Item. Solace Estate Services, LLC will not accept or assume any liability whatsoever in respect of the Item. All items are used and not new and Buyer should determine all of its attributes before bidding or buying.

6.3 No warranty of completion of sale. You acknowledge that Solace Estate Services, LLC makes no representation as to the ownership of title in Items or as to the ability of either a Buyer or Seller to complete a transaction. Further, Solace Estate Services, LLC does not warrant to any party that any Seller or Buyer will complete the sale or purchase of any Item. All persons are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretense or persons having no contracting capacities.

6.4 You acknowledge that Solace Estate Services, LLC cannot and does not confirm the identity of each User. You are therefore advised to be careful in dealing with other Users to avoid fraud. You are encouraged to communicate directly with such proper or competent authority or source for the purpose of evaluating the person with whom you are dealing. Solace Estate Services, LLC takes no responsibility for any action or omission of any User.

6.5 No warranty as to accuracy of information. You acknowledge that Solace Estate Services, LLC does not control the information provided by other Users which is made available through this Site. Solace Estate Services, LLC therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services.

6.6 Solace Estate Services, LLC does not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with you use of the Site or the Items, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

6.7 In case of any dispute between Users or any dispute arising from the use of the Services, Site or Items, Solace Estate Services, LLC shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Solace Estate Services, LLC is held responsible for any claim, the damages of such claim shall be limited to the cost of the Item. Buyer, Bidder and Seller all agree to waive consequential damages and exemplary damages.

6.8 If Solace Estate Services, LLC is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by Solace Estate Services, LLC in connection with the provision of such service, including Solace Estate Services, LLC ‘s costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis) including but not limited to attorney fees.

7. Provisions relating to Auction and Buy It Now

7.1 Your obligations as a Buyer. (a) If you, as a Bidder, have been notified that your bid has been successful at the end of the aAuction, or, in respect of a Buy It Now sale you automatically issue a purchase order with a fixed price, you must complete the transaction in the manner specified. By making a bid, purchase or other offer to purchase, you warrant and represent that you have the legal right and ability to enter into and complete the transaction. (b) The Buyer shall contact the Seller (or Solace Estate Services, LLC if they are assisting a Seller) as directed at the end of the Auction or upon other sale with a view to making arrangements for the completion of the transaction. (c) You must pay the total due once the total due is confirmed by the Seller or Solace Estate Services, LLC.

7.2 Your obligations as a Seller. If you are a Seller, you must ensure that the Item being offered for sale is accurately described and available in sufficient quantity. By listing an Item, you are making an irrevocable offer to sell at or above your start price to the Buyer unless: (a) you have good reason to suspect that the Buyer is not who they purport to be; or (b) the Buyer fails to meet the terms of payment.

7.3 Bids are not retractable. Bids are not retractable by the Bidder.

7.4 Forbidden biddings. If you choose to bid on any Item which is offered to adults only, you are certifying that you have the legal right to purchase the Item intended for adults only. You shall not manipulate the price of the Item by using a secondary account, an alias or third party to bid for the Item.

7.5 Method of delivery and payment. The method of delivery is based on the arrangements set by the Seller. The Item may not be collected by the Buyer or be delivered to the Buyer by Shipper, courier or other method specified by the Seller. Please refer to the Description and Pickup Instructions of the Item.

7.6 Solace Estate Services, LLC may assist Sellers under a separate Seller Services Agreement to list and sell Items and may respond or communicate with Bidders and Buyers with permission of Sellers.

7.7 No Item will be shipped to Buyer unless specifically designated as eligible for shipping pursuant to the terms of such designation. Unless otherwise specified all Items are pickup only at the location of such Item. After Checkout, and in no event later than 30 days of Sale, Seller or Solace Estate Services, LLC will send an email to Buyer with instructions, including a date and time and location for the pick up such sold Items. All sales are final and Buyer’s failure to pick up the Item at the date, time and location will result in default and forfeiture of the purchase price. No person other than the Buyer or with Buyer’s specific Sale information may pick up any Item during the pickup day and time specified. Buyer and any person with them will not damage or cause any damage or loss to any other person or property at the pickup location. Buyer nor any one acting with them or for them will go to or visit the pickup location except on the date and time identified by Seller or Solace Estate Services, LLC. Buyer will indemnify and defend Solace Estate Services, LLC and Seller for any damage, destruction or loss relating to Buyer or anyone acting by or with them. Buyer will at all time act with due care, cordially and without malice or profanity at the pickup location. Buyer will have with them at the pickup location all necessary tools, equipment and manpower to safely, peaceful and without causing damage remove their Item. Seller or Solace Estate Services will be at the pickup location and will coordinate and verify Buyers and Buyers agree to cooperate with them.

8. Provisions relating to Sellers

8.1 Forbidden Dealings. In respect of an Auction, you shall not: (a) email or contact by any other means the Bidder in an open Auction being run by a different Seller, offering similar or the same Items at any price level (bid siphoning); (b) manipulate the price of the Item offered by you, either by using a secondary account, an alias or third party or by self-bidding, also referred to as shill-bidding.

Solace Estate Services, LLC may suspend, temporarily or permanently, with or without any warning, any buying or selling account if it determines that any such buying or selling account is currently engaged or has been engaged in inappropriate buying and or selling practices. Determination of inappropriate buying and or selling practices is at the full discretion of Solace Estate Services, LLC management. Any parameters, guidelines, methods, or otherwise used to determine inappropriate buying and or selling practices is fully confidential and under no circumstance will this information be disclosed to any person, entity, or otherwise for any reason at any time unless at the full discretion of Solace Estate Services, LLC management. Be advised that Solace Estate Services, LLC is highly motivated to protect its good name and will take swift action to protect its good name if any inappropriate buying and or selling practices are determined to exist.

8.2 You shall not offer for sale any Item: (a) which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges, liens and encumbrances; (b) which is within Solace Estate Services, LLC rules or which is in contravention of any law or regulations governing the sale of the same; (c) the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise; (d) which contains defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise; (e) which is obscene or contains child pornography.

8.3 By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to Solace Estate Services, LLC and all Buyers that: (a) you do not and will not engage in the forbidden dealings set out in Clause 8.1 above; (b) the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements; (2) contain obscene material or child pornography and, if it contains any Adults Only material or element or is otherwise harmful to minors, it shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (3) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (4) contain any hyperlinks unless permitted by Solace Estate Services, LLC ; (c) the Items offered by you are not listed as a prohibited Item herein or published on the Site; (d) you will not list or offer or sell any Item which, by paying to Solace Estate Services, LLC any Fees, could cause Solace Estate Services, LLC to violate any applicable law, statute, ordinance or regulation.

8.4 In using the Site, you must not create any link directly or indirectly to any website other than the Site: (a) that offers goods or services that are prohibited under this Agreement; (b) where that other website lists the exact Item that you propose to sell; (c) where that other website contains an offer to sell identical items to your Item that is listed for Auction or Buy It Now on the Solace Estate Services, LLC Site, but are priced lower that your Item’s start price or Buy It Now price; (d) that you do not otherwise have a right to link to or include.

9. Ratings, Messages and Forum Boards

9.1 Ratings, Messages and Forum Boards. Solace Estate Services, LLC may provide a channel on this Site for the Users of this Site to leave a Rating and comment on the trade conduct of any Seller, Bidder or Buyer with whom they have had dealings. Solace Estate Services, LLC may also provide a communication channel which enables Users to send messages to other Users through Solace Estate Services, LLC. Solace Estate Services, LLC may also provide a forum which allows Users to discuss topics or chat with other Users. Please note that Solace Estate Services may assist Sellers with Large Estate Sales and may post, respond or communicate for or on behalf of such Sellers.

9.2 Use of the Rating system, Message system and Forum Boards. (a) You shall use the Rating system for leaving genuine and bona fide ratings and comments on the trade conduct of any Seller, Bidder or Buyer with whom you have had dealings. You shall not take any actions which may undermine the integrity of the Rating system, such as: leaving a Rating for yourself using secondary User ID’s or third parties; leaving Ratings for other Users using secondary accounts or third parties (Rating bombing); or leaving Ratings if a User fails to perform some action that is outside the scope of the Auction or purchase (Rating extortion). (b) When using the Rating system, message system or forum boards, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through Solace Estate Services, LLC , any materials that (i) interfere with anyone else’s use of this Site; (ii) are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone’s copyright or other intellectual or other property right; (v) interfere with the privacy of any other use; (vi) contain a virus or other harmful component; (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; (viii) advertise a website; or (ix) breach any of Solace Estate Services, LLC policies or rules.

9.3 Solace Estate Services, LLC‘s Disclaimer in respect of Ratings, Messages, Forum Content and other Users supplied materials. Solace Estate Services, LLC does not and is under no obligation to monitor or review Ratings, messages and forum boards, discussions, postings, transmissions and the messages posted or sent through or on the Site and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against Solace Estate Services, LLC for defamation, libel or whatsoever arising out of any such communication. Solace Estate Services, LLC at its sole discretion may reject or remove your material or conversations that are illegal, indecent, obscene or offensive, inaccurate or inappropriate or that violates the terms of this Agreement in any way or request you to make suitable amendments in order to comply with the terms herein, and Solace Estate Services, LLC reserves the right to claim damages and or apply for other legal remedies in relation thereto.

10. Rights of Solace Estate Services, LLC

10.1 Solace Estate Services, LLC has the right at its sole discretion, with or without cause to suspend or terminate your account without any compensation to You.

10.2 Rights as regards materials supplied by a User. Solace Estate Services, LLC shall have the absolute and unfettered right to reject or remove any information or materials supplied by you without notice or compensation. Without derogating from this right, Solace Estate Services, LLC shall have the right to reject or remove any information or materials supplied if Solace Estate Services, LLC shall consider (without having to assign any reason therefore) that the information or material, if published or continued to be published, would cause Solace Estate Services, LLC to incur any liability to third parties or would cause Solace Estate Services, LLC to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.

10.3 Right to withdraw Item. Solace Estate Services, LLC shall have the absolute and unfettered right to withdraw any Item without notice or compensation to a Seller or prospective Buyer. Without limiting this right, Solace Estate Services, LLC shall have the right to withdraw an Item if: (a) the Item is prohibited by law or Solace Estate Services, LLC. (b) you are found to have breached the Terms of Use set out in this Agreement or your account is suspended by Solace Estate Services, LLC pursuant to the terms of this Agreement; (c) if Solace Estate Services, LLC is unable for any reason whatsoever to verify or authenticate any information provided by you; or (d) the Item is in breach of any Solace Estate Services, LLC’s Policies. Improper listings by Sellers have to be removed in 12 hours if requested by Solace Estate Services, LLC or the Seller account can be suspended.

10.4 Feedback, it is the Buyers responsibility to leave feedback for every Auction in under 60 days or an automatic positive feedback will be posted.

10.5 Solace Estate Services, LLC reserves the right to remove or modify any feedback that is deemed to be inappropriate or abusive in nature.

10.6: Images. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of any Seller Content provided by you or accessed by us in connection with the Item, including photos and videos, in connection with the Item listed to sell. You agree that you have all necessary rights in Seller Content and Item to grant the license in the foregoing sentence.

11. Specific Warnings

11.1 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

11.2 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you risk of viruses or other forms of interference which may damage your computer system.

11.3 Solace Estate Services, LLC does not warrant to you that the Services will be available at all times or at any specific times.

11.4 Solace Estate Services, LLC is not responsible in the event a transaction is not processed due to technical difficulties affecting the Solace Estate Services, LLC system.

11.5 Solace Estate Services, LLC does not undertake to retain listings or to retain records of specific transactions.

11.6 Solace Estate Services, LLC is not responsible for ensuring that warranty obligations are honored, if any.

11.7 There is no contract of sale between Solace Estate Services, LLC and you, whether you are the Buyer or Seller. In the event that a bid is accepted by a Seller, a contract of sale will be formed directly between the Buyer and the Seller. Solace Estate Services, LLC does not act as agent for either party.

11. Restricted Use

Unless Solace Estate Services, LLC agrees otherwise in writing, you are provided with access to the Site only for your personal use. Without limiting the foregoing, you may not without Solace Estate Services, LLC‘s written permission on-sell or otherwise on-transmit information obtained from this Site.

12. Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Solace Estate Services, LLC does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Solace Estate Services, LLC is transmitted at your own risk. Nevertheless, once Solace Estate Services, LLC receives your transmission, it will take reasonable steps to preserve the security of such information.

13. No Warranties

13.1 This Site is provided by Solace Estate Services, LLC on an “as-is” basis and the only obligations on Solace Estate Services, LLC are set out in this Agreement. You agree that Solace Estate Services, LLC will be under no liability to you in respect of any loss of damage (including any indirect or special, exemplary or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services and Items offered over this Site or in respect of a failure or omission on the part of a Seller to complete a sale. Solace Estate Services, LLC gives no warranty or condition, express or implied other than those expressly set out herein. Solace Estate Services, LLC does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its servers are free of viruses or other harmful components. Solace Estate Services, LLC does not warrant or make any representations regarding the use or the results of the use of this Site. Solace Estate Services, LLC specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.

13.2 The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and Solace Estate Services, LLC gives no warranty, expressed or implied, in connection with such facilities. Solace Estate Services, LLC will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

14. Privacy

Solace Estate Services, LLC has a Privacy Policy which applies to all members and is incorporated into this Terms of Use by reference.

No information is shared with third parties.

15. Copyright

Copyright in this Site (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by Solace Estate Services, LLC. Other than for the purposes of and subject to the conditions described under the Copyright Act and except as expressly authorized by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Site; or commercialize any information, products or services obtained from any part of this Site.

16. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

17. Miscellaneous

17.1 System Integrity. You must not: (a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any Auction being conducted on this Site; (b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site; (c) disclose or share your password to any third parties or use his/her password for any unauthorized purpose.

17.2 General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services and any bidding on, listing, purchase and sale of the Item herein.

17.3 No Agency. Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between Solace Estate Services, LLC and any Seller, Bidder or Buyer or other Users of this Site or the Services.

17.4 Notices. Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be deemed given if sent to the email address provided by the User to Solace Estate Services, LLC during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, Solace Estate Services, LLC may give notice to the User by pre-paid ordinary post to the address provided to Solace Estate Services, LLC during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.

17.5 Severability. Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms.

17.6 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms of Use and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Solace Estate Services, LLC‘s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

17.7 Please do not assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly. Solace Estate Services, LLC does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

17.8 Solace Estate Services, LLC does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on Solace Estate Services, LLC. Please do not assume that such items offered will be harmless to people or property.

18. Governing Law and Jurisdiction

18.1 Colorado Law shall apply to this Agreement and between all parties. Further, venue and jurisdiction for all legal action or court proceedings shall be exclusively filed in Jefferson County, Colorado. However and notwithstanding any other provision herein to the contrary, at the sole written election and discretion of Solace Estate Services any dispute with Solace Estate Services, LLC will be submitted to binding arbitration, after unsuccessful mediation, to the American Arbitration Association with Arbitration to be held in Denver Colorado with a Colorado Arbitrator.

18.2 Termination/Survival: This Agreement and/or your access to this site may be terminated by us at any time without notice. Where this agreement is terminated, those clauses capable of surviving such termination shall do so.

18.3 Should Solace Estate Services, LLC be the prevailing party in any action to enforce the terms of this Agreement it will be entitled to its attorney fees, cost and interest at 12% per annum.

19. Translation

19.1 THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE OR SIMILAR SERVICE. GOOGLE & SOLACE ESTATE SERVICES, LLC DISCLAIM ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.