TopAgentsRanked Terms and Conditions of Use

Effective Date: June 27, 2024

  1. Terms
  2. PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL AND CLASS ACTION (SEE SECTION 10 BELOW).

    At TopAgentsRanked ("Website"), an online platform provided by ReferralExchange Inc. ("Company", "TopAgentsRanked", "we", "our", "us"), we provide resources for individuals who are looking to purchase or sell a property. Our agents serve individuals nationwide and we are happy to make those connections. These Terms outline the terms and conditions applicable to your use of this Website and the products and services provided through this Website ("Services"). By accessing, browsing, interacting, registering, or submitting information on this Website, you accept and agree to be bound by these Terms as well as our Privacy Policy and any additional terms and conditions or policies we may post in connection with the use of certain features provided on this Website ("Additional Terms"), all of which govern your uses of this Website and the Services and are legally binding. These Terms, our Privacy Policy, and the Additional Terms are collectively referred to herein as the "Agreement."

    If you do not agree with any terms of this Agreement, please do not use this Website or the Services.

    We may modify this Agreement, including the Privacy Policy and any Additional Terms from time to time. All such modifications will be effective upon posting on this Website. Your continued use of this Website after posting of the modified Agreement will be taken as acceptance of such updated Agreement. Please check back frequently and review this Agreement regularly so that you are aware of the most up-to-date Agreement.

    YOUR USE OF THIS WEBSITE AND THE SERVICES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT MAY APPLY TO YOU.

  3. Permitted Use
  4. This Website is not intended for the use by minors. By using this Website, you represent and warrant that you are at least 18 years of age. We are granting you access to this Website and the Services for limited, personal, and non-commercial use, and only lawful purposes and in accordance with this Agreement.

    To access or use certain services or features of the Services, you may be asked to provide your name, email address, phone number, and other information. It is a condition of your use of the Services that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide on this Website, including, but not limited to, through the use of any interactive features on this Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    We may revoke your access to this Website, the Services, or any portion of this Website or Services, at any time (including in the event of your violation of this Agreement). We make no representation or promises that this Website or the Services will be available to you at all times.

  5. Prohibited Conduct
  6. You agree that you will not engage in any of the following prohibited conduct:

    • access or use the Services or any Website Content (as defined below) to develop competitive products or services;
    • use this Website, the Services, or any Website Content in any way that is unlawful or harmful to Company, or any other users of this Website or the Services;
    • impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
    • misrepresent your affiliation with another person or entity, make any representation under false pretenses, or provide any information with false or misleading indications of origin;
    • post, reproduce, display, or otherwise make available any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable, including without limitation, content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
    • interfere with or compromise the system integrity or security of this Website, including without limitation, causing the Website or Services to be affected with malware, viruses, spyware, Trojan horses, or other computer code, files, or programs designed to interrupt, impair, destroy, or limit the functionality of any computer software, hardware, or communication equipment; or
    • engage in, or encourage others to engage in, conduct that would violate any applicable law, rule, or regulation, or any terms and conditions of this Agreement, in connection with the use of this Website or the Services, it being understood and agreed that you are solely responsible for compliance with all applicable laws or regulations.

    We reserve the right to investigate and take appropriate legal or other action against anyone who, as determined in our sole discretion, violates, or is suspected of violating, this Agreement, including, without limitation, reporting you to law enforcement authorities.

  7. Electronic Communications
  8. When you access, use or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically by the same electronic method with which you used to communicate with us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  9. User Content
  10. This Website may permit users to upload or post content, including reviews, comments, suggestions, messages, communications, and other material ("User Content"). Subject to the terms set forth in these Terms, User Content is owned by the individual who posted such User Content.

    Any User Content will be considered non-confidential and non-proprietary. By uploading or otherwise posting User Content on this Website, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Content (or any portion thereof), in connection with this Website, the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law.

    We may remove any User Content at any time, and for any reason. You are solely responsible for all User Content posted using your email address or otherwise associated with your account, including the legality, reliability, accuracy, and appropriateness.

    You represent and warrant that you are the creator and owner of all User Content you post on this Website, or have the necessary control, licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to permit us and other users to access and use your User Content as necessary to exercise the licenses granted by you under these Terms. We are not responsible or liable to any third party for the content or accuracy of any User Content.

  11. Consumer Reviews
  12. This Website may allow users to post reviews of individual real estate professionals listed on this Website ("Reviews"). By submitting a Review on this Website, you agree to abide by the following guidelines:

    • Reviews may not be posted using invalid email addresses or disposable addresses;
    • Reviews may not contain promotional material for other businesses or other real estate professionals;
    • Reviews may not contain second or third-hand information, such as based on something the user heard on the news, social media, friend or other external sources;
    • Reviews should accurately reflect bona fide users' firsthand experiences and truthfully represent the users' personal opinions, findings, or beliefs relating to the subject matter of the Reviews;
    • Reviews may not contain foul and inappropriate language;
      • Threats: language that shows intent to harm, injure, and/or damage a person and/or property
      • Harassment: any uninvited contact that may be repetitive in nature and serves no useful purpose beyond creating alarm, annoyance, or emotional distress
      • Lewdness: language that is sexual in nature and/or refers to the professional's personal appearance
      • Hate speech: offensive language that refers to an individual or group’s race, color, religion, national origin, sexual orientation, gender identity, disability, or any combination of those categories
    • Reviews may not include information that is not real estate related or information that is not relevant to any other services provided by the real estate professional;
    • Reviews may not include personal attacks or comments otherwise deemed offensive in nature;
    • Reviews may not have obvious conflicts of interest;
      • Reviews from family members
      • Reviews from employees of the same company as the professional in question, even if the employee was a client
      • Reviews from users who have received or have been offered compensation for their review
      • Reviews from competitors or former employees
    • Reviews may not display private information of the real estate professional that is unrelated to their real estate business;
      • Personal information about the real estate professional that is otherwise not displayed as a professional method of contact. This includes but is not limited to home addresses, personal social media accounts, personal phone numbers
      • Includes names, addresses, or other information about family members, especially those who do not work with or for the real estate professional
      • Personal health information, such as claims that someone contracted COVID-19
    • Reviews may not display private information of the reviewer, including email address, social media links, and phone numbers;
    • Reviews may not include content that refers to things outside the real estate professional's control, such as extreme weather conditions, actions and behavior by unaffiliated individuals, health and safety regulations such as those required for COVID-19 or other public safety concerns;
    • Reviews may not include content about another company or real estate professional (like they've posted the review on the wrong profile);
    • Reviews may not be posted with the specific intent to dispute another user's review;
    • Reviews may not repeat, duplicate, or update previous Reviews - only new experiences and unique interactions with the real estate professional may be posted;
    • Reviews may not be posted with the specific intent to seek a favorable resolution in connection with current or past dealings with a real estate professional;
    • Reviews cannot be posted for compensation or any other form of consideration or incentive, from any real estate professional or another person or entity.

    We reserve the right not to post or remove any Review that we deem to violate any of the guidelines above or any other terms of this Agreement. In addition, any violation of the above guidelines or any other terms of this Agreement may result in the suspension or termination of your access to the Reviews feature, in our sole discretion.

    In addition, and without limiting the rights and licenses granted to us pursuant to Section 5 above, you acknowledge and agree that you grant us and our designees a non-exclusive, perpetual license to publish any Reviews you post on this Website, in whole or in part, alone or with other content, on this Website and other websites, social media platforms, and any other media, now or hereafter known, worldwide, and use some or all of the Reviews for marketing and other lawful purposes, with or without identifying you as the author of such Reviews, and without notice or compensation to you, at our sole discretion. We also reserve the right to reword, paraphrase, or otherwise condense the Reviews as long as we maintain the editorial integrity of the content of the Reviews.

  13. Copyright and Trademark Notice Information
  14. This Website contains intellectual property owned by us and other parties. As between us and you, other than any User Content that you post on this Website, which is owned by you, we (and our third-party licensors) are the sole owner of this Website and all materials on or available through our Website including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively "Website Content"). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose.

    Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of our Website Content unless you first obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify our Website or Website Content, to overthrow or elude our security features, or to utilize our Website for any purpose other than its intended purposes is strictly prohibited.

    Permission is granted for temporarily downloading one copy of the materials on this Website for personal, non-commercial transitory viewing only, and to print a copy of individual screens appearing as part of the Website Content solely for your person, non-commercial use or records, and for no other purpose or use. Such permission is a limited license, not a transfer of title, and under this license you may not:

    • modify or copy the materials;
    • use the materials for any commercial purpose or for any public display;
    • attempt to reverse engineer any software contained on this Website;
    • remove any copyright, trademark, logos, legends, or other proprietary notations from the materials;
    • transfer the materials to another person or "mirror" the materials on any other server.

    Upon termination, your viewing right will also be terminated and you must destroy any downloaded materials in your possession whether it is printed or electronic format.

    If you believe any Website Content (including any third-party User Content) infringes your copyright, you should notify our designated copyright agent in writing at the following address:

    By Mail: ReferralExchange, Inc.

    PO Box 3634, Seattle, WA
    98124-3634

    By Email: support@realestateagents.com

    Such written notice must meet the requirements of the Digital Millennium Copyright Act and include the following information:

    • Description of the copyright work you are claiming to have been infringed;
    • Description of where the allegedly infringing material is located on this Website;
    • Your name, address, telephone number and email address;
    • A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
    • A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
  15. Disclaimer
  16. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THIS WEBSITE, THE SERVICES, AND WEBSITE CONTENT ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS ARE ACCURATE, UP TO DATE, OR WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR ERROR-FREE. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS WEBSITE, THE SERVICES, AND WEBSITE CONTENT ARE HEREBY DISCLAIMED.

    Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of this Website or the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, Website Content associated with your use of the Services.

    YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THIS WEBSITE OR THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

  17. Release
  18. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AUTHORIZED SERVICE PROVIDERS, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS WEBSITE, THE SERVICES OR WEBSITE CONTENT.

  19. Agreement to Arbitrate and Class Action Waiver
  20. Please review this section carefully. This arbitration provision limits your and our ability to litigate claims in court and you and us each agree to waive respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court.

    BY ACCESSING AND/OR USING ANY WEBSITE OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO ARBITRATE.

    You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Website, or member benefit offers for any product or services sold, offered, or purchased through our Website shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claim is under $1000.00 and qualifies. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").

    Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets shall not be subject to this Agreement to Arbitrate.

  21. Indemnification
  22. You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, shareholders, officers, service providers, contractors, vendors, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website, the Services, the violation of this Agreement by you, or the infringement by you, or other user of this Website using your computer, of any intellectual property or other right of any person or entity. The Company and its service providers assume no responsibility whatsoever for such content or actions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  23. Revisions and Errata
  24. The materials appearing on this Website may include technical, typographical, or photographic errors. We will not promise that any of the materials in this Website are accurate, complete, or current. We may change the materials contained on its Website at any time without notice. We do not make any commitment to update the materials.

  25. Links/Third-Party Sites
  26. Other websites or services, such as those websites we provide links to, or websites you may have clicked-on that directed you to us, have their own terms of use, privacy policies regarding data collection, use and disclosure practices. You acknowledge that we are not responsible for the availability of, or the content, accuracy, or accessibility of any third-party site. You should contact the site administrator for those third-party sites if you have any concerns regarding such links or the content located on such sites. If you visit any other website, we encourage you to review that website's terms of use and privacy policy.

    We are not responsible for the policies or practices of third parties.

  27. Site Modifications
  28. We reserve the right to change any information, feature or function of our Website without prior notice. We may deny you access to this Website or the Services for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Website whether caused by errors in the registration information you provided by any technical problems in our system.

  29. Governing Law
  30. Any claim related to this Website shall be governed by the laws of California without regards to its conflict of law provisions.

  31. Miscellaneous
  32. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

    You may contact us by email: support@realestateagents.com

    These Terms were last modified on the date indicated above and are effective immediately.

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