Effective date: January 1st, 2019
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.ca?
Topagentsranked.ca is an online marketplace that finds and connects you, the home buyer or seller, to real estate professionals who 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. We do not broker home purchase or sale transactions. We are paid by matching home buyers and sellers with service professionals. The terms of any agreement between our participating lenders and real estate professionals and Topagentsranked.ca are not endorsed, recommended or otherwise known to or by Topagentsranked.ca.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
PERSONAL AND NON-COMMERCIAL USE LIMITATION
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS PROVIDE OUR SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, 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 WE AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. USE OF OUR SERVICES IS AT YOUR OWN RISK.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 provinces 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 province to province.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CANADA REFERRALEXCHANGE LTD., INCLUDING OUR 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 THE SERVICEES 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
In using our services as a registered real estate professionals
with Topagentsranked.ca, 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 of experience in your local market area to assist sellers and buyers.
– You have individually either sold five (5) million dollars in real estate or completed twenty (20) real estate purchase or sale transactions within the last twelve (12) months.
– All information you submit to us is true and complete and you will maintain and promptly update your profile or other information supplied to us or to Users;
– You acknowledge that you have obtained your managing broker’s or other applicable permission to use our services, as applicable;
– As a Topagentsranked.ca 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.ca 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.ca;
– You have complied with all real estate licensing laws and have adequate and appropriate insurance coverage;
– All information you submit to customers and prospective about your services is your responsibility and not Topagentsranked.ca’s offering of service;
– You will provide customers and prospective with all information and notices, including disclosure of any applicable referral fees expected to be paid or earned for any real estate transaction, 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.ca reserves the right to terminate the participation of any Real Estate Professional for any reason at Topagentsranked.ca’s sole discretion;
– If required, you will obtain the appropriate approval/authorization from all relevant governmental authorities and other parties in order to complete a Topagentsranked.ca referral and to pay the corresponding referral fee to Topagentsranked.ca;
– You recognize that fraudulent usage of any service provided by Topagentsranked.ca 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.ca 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.ca makes no representations, endorsements, recommendations and/or warranties of the products of any particular lender or real estate professional that may use the Topagentsranked.ca service, and you agree that Topagentsranked.ca 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 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 or represent you in any real estate transaction for any purpose or on any specific terms. Likewise, Topagentsranked.ca 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 not 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, with no obligation to you.
– You acknowledge that posted ratings and reviews of lenders and other real estate professionals might not reflect the actual quality of service that you may receive from participating lenders and real estate professionals. Topagentsranked.ca disclaims any liability arising from and the accuracy of any users’ ratings and reviews.
– You acknowledge that Topagentsranked.ca 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.ca 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
If you choose to create an account with us, 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 Site or the other services, or disobey any requirements, procedures, policies or regulations of networks connected to our 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 Site may contain links to websites maintained by third parties. Please be aware that these links are provided for your convenience and reference only. Topagentsranked.ca does not operate or control in any respect any information, software, product or services available on such websites. Topagentsranked.ca’s inclusion of a link to a third party website does not in any way imply an endorsement of the services or the website, 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 our services, to the goods or services provided by us, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), which does not involve a party seeking a court injunction, shall be finally resolved by arbitration subject to the provisions of the Commercial Arbitration Act, R.S.B.C. 1996 c.55 as amended from time to time. The arbitrated resolution of the dispute shall be final and binding on all parties. The place of arbitration will be Vancouver, British Columbia. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Vancouver, British Columbia. 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.