Terms of Use

Welcome to TopAgentsRanked.com. This Website is offered
to you, the “User”, conditioned on your acceptance without
modification of the terms, conditions and notices contained herein.
By accessing, browsing, and using this Site, you acknowledge that
you have read, understood and agree to comply with the terms and conditions
stated here. If you do not agree to be bound by the terms and conditions
of this Agreement, do not use or access our services. These Terms
of Use are subject to change at any time, without prior notice.

 

What is TopAgentsRanked.com?

TopAgentsRanked.com is an online marketplace
that finds and connects you, the home consumer, to real estate
professionals that match your needs and compete for your business.
Our services are provided free of charge to individual home sellers
and buyers. When you submit a request to find
an agent to help you buy or sell your home, we use your preferences,
choices, and interests as well as real estate professional
qualifications to match you with the right agent who will
best serve your needs in any desired location throughout the nation.
TopAgentsRanked.com does not broker transactions. We are paid by matching
home buyer and sellers with service professionals. The terms of
any agreement between our participating lenders and real estate
professionals and TopAgentsRanked.com are not endorsed, recommended
or otherwise known to or by TopAgentsRanked.com.

 

Privacy

We do not sell or rent your personal information to third parties
for their marketing purposes without your explicit consent and we
only use your information as described in the Privacy Policy.

 

COPYRIGHT

All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of TopAgentsRanked.com or its content suppliers
and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property
of TopAgentsRanked.com and protected by U.S. and international copyright laws.
All software used on this site is the property of TopAgentsRanked.com or its
software suppliers and protected by United States and international
copyright laws.

 

PERSONAL AND NON-COMMERCIAL USE LIMITATION

The Intellectual Property is provided solely for your personal,
non-commercial use. You agree to abide by all additional copyright
notices, information, or restrictions contained in any material
or content on the Site. You may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit any Intellectual
Property in any way (including by e-mail or other electronic means)
from this Website without TopAgentsRanked.com’s express prior written
consent. Modification of any Intellectual Property or use of any
Intellectual Property for any other purpose is a violation of the
copyrights, trademark rights, and other proprietary rights. The
use of any Intellectual Property on any other site or networked
computer environment, or maintaining unauthorized links to the Site,
is prohibited by these Terms.

 

No Warranties

WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, PARTICIPATING
LENDERS, AND REAL ESTATE PROFESSIONALS PROVIDE OUR WEB SITE
AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. AGENTMACHINE ’S SERVICES
IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES
AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE
PROFESSIONALS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT; (2) ANY WARRANTIES THAT THE FUNCTIONS
CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE,
OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED
BY THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
TIMELINESS, OR OTHERWISE BY THE USE OF THIS WEBSITE WHETHER
RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
AGENTMACHINE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, AND
REAL ESTATE PROFESSIONALS HAD BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION
WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply
to you. This warranty gives you specific legal rights and you
may also have other legal rights that vary from state to state.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL AGENTMACHINE.COM, INCLUDING ITS RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS,
AND REAL ESTATE PROFESSIONALS, BE LIABLE FOR ANY INJURY, DEATH,
LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH
ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS
SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH
THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

 

Responsibilities of our Participating Real Estate Agent
Professionals

In using our services as a registered real estate professionals
with TopAgentsRanked.com, you warrant and agree to the following:

– You are a real estate salesperson or broker with a current and
valid license, of legal age, and capable of forming a legally
binding contract;

– Only experienced real estate professionals can be part of TopAgentsRanked’s network. You must have three (3) or more years experience in your local market area to assist sellers and buyers.

– You have individually either sold five (5) million in real estate or completed twenty (20) transactions within the last twelve (12) months.

– All information you submit to TopAgentsRanked.com is true and complete
and that you will maintain and promptly update your Profile or
other Information supplied to TopAgentsRanked.com or to Users;

– You have acknowledge that you have obtained your broker’ s or
other permission to use the TopAgentsRanked.com’s service, if you
are required to work or be employed under a broker;

– As a TopAgentsRanked.com real estate agent, you are not allowed
to register or represent yourself as a prospective buyer or seller,
even if your intention is to buy or sell property;

– You will not use the lead information and details obtained through
TopAgentsRanked.com to locate, identify or directly contact a home
seller or home buyer in any manner without first accepting the
requested service type received from TopAgentsRanked.com;

– You have complied with all real estate licensing laws and have
adequate and appropriate insurance coverage;

– All information you submit to customers about your services
is your responsibility and not TopAgentsRanked.com’s offering of
service;

– You will provide customers with all information and notices
legally required with all real estate licensing and regulatory
requirements applicable to real estate agents;

– Your products and services does not violate any applicable laws
or regulations;

– You must promptly maintain and update of any changes in your
license status;

– TopAgentsRanked.com reserves the right to terminate the participation
of any Real Estate Professional for any reason at TopAgentsRanked.com’s
sole discretion;

-You agree to pay TopAgentsRanked.com a referral fee of 25% of the
gross referred side commission calculated on a minimum of 2% gross sale price prior to any split between the real
estate professional and his or her broker, or allocation of a
payment to another party (including but not limited to referral
fee payments to other third parties) for all successful referrals
( close of a qualified real estate transaction) that originate
at TopAgentsRanked.com’s Web site;

– An TopAgentsRanked.com client (referral) is any person, homebuyer
or home seller who is introduced, sent or referred to you by email,
fax or phone from TopAgentsRanked.com real estate services;

– If required, you will obtain the appropriate approval/authorization
from all relevant governmental authorities and other parties in
order to complete a TopAgentsRanked.com referral and to pay the corresponding
referral fee to TopAgentsRanked.com;

– You recognize that fraudulent usage of any service provided
by TopAgentsRanked.com real estate services may subject you to liability.

 

Responsibilities of Buyers & Sellers

In using our services as a home buyer and/or home seller, you warrant
and agree to:

– You promise that all information you provide will be accurate,
current and truthful to the best of your knowledge including valid
contact information.

– You are interested in loan and/or realty services such as buying
and/or selling property

– You expressly consent to being contacted by us and by our lenders
and/or real estate professionals via the contact information provided
by you in order that we may provide the services set forth on our
site, and you hereby consent to any such calls even if your phone
number is on any Do Not Call list.

– You are of legal age and are otherwise capable of forming a legally
binding contract.

– You acknowledge that TopAgentsRanked.com does not brokerage any loans or
real estate services and is not an agent of you, or any participating
lender or real estate professional.

– You acknowledge that TopAgentsRanked.com makes no such representations,
endorsements, recommendations and/or warranties of the products
of any particular lender or real estate professional that may use
the TopAgentsRanked.com service as TopAgentsRanked.com has no direct affiliations to
any other lending or real estate firms or agencies, and you agree
that TopAgentsRanked.com shall not be liable for any damages or costs of any
type arising out of or in any way connected with your use of such
services.

– You acknowledge that nothing on this web site contains a binding
offer, promise or otherwise, either to make a specific loan or that
any participating lender or real estate professional will make any
loan for any purpose or on any specific terms. Likewise, TopAgentsRanked.com
does not guarantee that the loan terms or rates offered and made
available by participating Lenders through this Web site are the
best terms or lowest rates available in the market. Unless expressly
stated in writing, nothing contained herein shall constitute an
offer or promise for a loan commitment or interest rate lock-in
agreement.

– You are no obligated to accept on loan offer that is presented
to you from our lenders or view any profiles of real estate professionals.
Our service is absolutely free, no obligation to you.

– You acknowledge that posted users’ ratings and reviews might
not reflect the actual quality of service that you may receive from
participating lenders and real estate professionals. TopAgentsRanked.com disclaims
any liability arising from and the accuracy of any users’
ratings and reviews.

– You acknowledge that TopAgentsRanked.com does not review or verify the information,
offers, profile, or promotions that are self-reported by our participating
lenders and real estate professionals and TopAgentsRanked.com does not make
representations or warrants that our participating lenders and real
estate professionals are appropriately licensed, bankruptcy free,
or carry any adequate and appropriate insurance at the time initial,
presently, or thereafter the registration. You should independently
use of all appropriate government, public, consumer and other agencies
or sources to verify all matters.

 

Responsibilities of All Users and Service Providers

You are solely responsible for all acts or omissions that occur
under your account or password, including the accuracy and completeness
of all content that you (or anyone using your account) submit, post
or transmit through the Services.

You agree not to use the Services to do any of the following:

– violate any local, state, national or international law;

– stalk, harass or harm another individual or communicate with such
individual after being advised to cease any such communications;

– collect, harvest or store personal data about other users including
email addresses or contact Sellers for any purpose other than responding
to the content posted by such Sellers;

– impersonate any person or entity, or otherwise misrepresent your
affiliation with a person or entity;

– interfere with or disrupt the Services or servers or networks
connected to the TopAgentsRanked.com Web site or the other Services, or disobey
any requirements, procedures, policies or regulations of networks
connected to the TopAgentsRanked.com web site; and

– upload, submit, post, store or transmit any (a) content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another’s privacy,
hateful, racist, sexist, homophobic, or ethnically or otherwise
objectionable; (b) content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships; (c)
content that infringes the intellectual property rights of a third
party; or (d) material that contains software viruses or any other
computer code, files or programs, for example, worms, Trojan horses,
cancelbots, time bombs and the like, designed to interrupt, destroy
or limit the functionality of any computer software or hardware
or telecommunications equipment; (d) unsolicited advertising material,
notices or “spam”, “junk mail”, pyramid
schemes, chain letters or the like; (e) surveys that have not been
approved or cleared by us;or (f) contests or games of chance.

 

YOUR ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your
username and password, and you are solely responsible for all activities
that occur under your username and password. We recommend that you
memorize this information, and not write it down. You agree to immediately
notify us of any unauthorized use of your username and password
or any other breach of security related to the Services. WE CANNOT
AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR
FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR
TO OTHERWISE COMPLY WITH THIS SECTION.

 

Links to Third Parties

This Web site may contain links to Web sites maintained by third
parties. Please be aware that these links are provided for your
convenience and reference only. TopAgentsRanked.com does not operate or control
in any respect any information, software, product or services available
on such Web sites. TopAgentsRanked.com’s inclusion of a link to a Web
site does not in any way imply an endorsement of the services or
the site, its contents, or its sponsoring organization.

 

Indemnity

You agree to indemnify and hold us and (as applicable) our officers,
directors, agents, and employees and/or our suppliers, participating
lenders, and real estate professionals, harmless from any claim
or demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of your breach of this Agreement or
the documents it incorporates by reference, or your violation of
any law or the rights of a third party.

 

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of
TopAgentsRanked.com’s services, to the goods or services provided by TopAgentsRanked.com,
or to any acts or omissions for which you may contend TopAgentsRanked.com
is liable, including but not limited to any claim or controversy
as to arbitrability (“Dispute”), shall be finally, and
exclusively, settled by arbitration venue in Contra Costa county,
California. The arbitration shall be held before one arbitrator
under the commercial arbitration rules of the American Arbitration
Association (“AAA”) in force at that time. The arbitrator
shall be selected pursuant to the AAA rules. Should no AAA rule
regarding the selection of an arbitrator be in effect, the consumer
shall select an arbitrator from a panel of arbitrators acceptable
to TopAgentsRanked.com. In any arbitration, TopAgentsRanked.com will pay the filing
fee, plus the costs associated with the first day of arbitration,
with the remaining costs of arbitration paid by the non-prevailing
party. To begin the arbitration process, a party must make a written
demand there for. Any judgment upon the award rendered by the arbitrators
may be entered in any court of competent jurisdiction in Contra
Costa county, California. The arbitrators shall not have the power
to award damages in connection with any Dispute in excess of actual
compensatory damages and shall not multiply actual damages or award
consequential, punitive or exemplary damages, and each party irrevocably
waives any claim thereto. The agreement to arbitrate shall not be
construed as an agreement to the joinder or consolidation of an
arbitration under this agreement with an arbitration of disputes
or claims of any non-party, regardless of the nature of the issues
or disputes involved.

 

TERMINATION

We reserve the right, in our sole discretion, and without liability,
to terminate your access to all or part of the Site, with or without
notice, for any reason or no reason.

 

GENERAL

This agreement is governed by the laws of the State of California,
USA. You hereby consent to the exclusive jurisdiction and venue
of courts in Contra Costa County, California, USA in all disputes
arising out of or relating to the use of this Website. Use of this
Website is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and TopAgentsRanked.com
as a result of this agreement or use of this Website. TopAgentsRanked.com’s
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation
of TopAgentsRanked.com’s right to comply with law enforcement requests or
requirements relating to your use of this Website or information
provided to or gathered by TopAgentsRanked.com 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 this agreement shall
continue in effect. This agreement constitutes the entire agreement
between the user and TopAgentsRanked.com with respect to this Website and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and TopAgentsRanked.com
with respect to this Web 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.

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