What is TopAgentReferral.com?
TopAgentReferral.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. TopAgentReferral.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 TopAgentReferral.com are not endorsed, recommended or otherwise known to or by TopAgentReferral.com.
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 TopAgentReferral.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 TopAgentReferral.com and protected by U.S. and international copyright laws. All software used on this site is the property of TopAgentReferral.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 TopAgentReferral.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.
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. TOPAGENTREFERRAL’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 TOPAGENTREFERRAL 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 TOPAGENTREFERRAL.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 TopAgentReferral.com, you warrant and agree to the following:
Responsibilities of Buyers & Sellers
In using our services as a home buyer and/or home seller, you warrant and agree to:
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:
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. TopAgentReferral.com does not operate or control in any respect any information, software, product or services available on such Web sites. TopAgentReferral.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.
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.
Any claim or controversy arising out of or relating to the use of TopAgentReferral.com’s services, to the goods or services provided by TopAgentReferral.com, or to any acts or omissions for which you may contend TopAgentReferral.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 TopAgentReferral.com. In any arbitration, TopAgentReferral.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.
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.
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 TopAgentReferral.com as a result of this agreement or use of this Website. TopAgentReferral.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TopAgentReferral.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 TopAgentReferral.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 TopAgentReferral.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 TopAgentReferral.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.