The Website and the entire content herein is operated by Rate-My-Agent.com Inc and our associates (which shall be known as us and we). Our associates and the entirety of Rate-My-Agent.com Inc reserve all rights, at our discretion, to modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified version on the Website. Upon using the Website, you shall agree with such changes; you can only use the Website if you agree with the changes in any and all parts of the Agreement.
NATURE OF WEBSITE
Rate-My-Agent.com and our associates, do not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any review poster, real estate professional, real estate agent, broker, brokerage, affiliate, appraiser or other real estate or property related service provider on or through the Site, including without limitation any property evaluation or other related services.
PROPRIETARY NATURE OF THE WEBSITE AND CONTENT
The Content on any and all parts of the Website; including but not limited to, all text, photos, audio, video content, and other material, posted on the Website or related to the Website is private, intellectual property and is made available on or through the Website for your personal use. You agree not to use the Services other than for your own personal use. You agree to abide by all copyright notices, information and restrictions contained in or displayed herein and with any Content. You agree not to use any automated software to view the Services without explicit written consent and to only access the Services manually.
Reviews posted on our Website, are from the general public and may, or may not be completely reliable. **The information is from third parties and may not be accurate; therefore, Rate-My-Agent.com shall not accept any legal responsibilities over any omissions or issues therein that may arise.
You should use your own judgment regarding the merits of any data, individual, or entity that you find on or through the Website. In spite of its good faith effort, Rate-My-Agent.com cannot and does not represent or warrant that any individual or entity whose services are promoted or offered on or through the Website is registered, licensed, qualified, or otherwise authorized or capable of performing any described services.
This Website should only be accessed if a region so deems it. If local law prohibits access to this Website, Rate-My-Agent.com and its associates claim no legal responsibility for any action you take that is against the law.
Should you authorize a minor to access our Website, you, as the guardian or parent claims all responsibility related to said minor’s access, including but not limited to:
- The minor’s conduct while utilizing our Website;
- The minor’s access to our Website and how little or much time is spent on it;
- The consequences of any misuse by the minor;
You acknowledge that some areas of the Website may contain material that is deemed inappropriate for minors.
NO RIGHTS GRANTED IN INTELLECTUAL PROPERTY OR CONTENT
Our Website is our intellectual property. By using our Website; you have no claims or rights to our license or copyrighted material, logos, trademarks, or such. Any item on our Website which is trademarked or copyrighted by or about Rate-My-Agent.com should be taken as private and not shared, resold, or licensed to any other individual or company without direct written consent and agreement from an authorized representative of Rate-My-Agent.com.
YOUR LIMITED RIGHTS WITH RESPECT TO CONTENT
All of the information on our Website is only available for your non-commercial, personalized use. You should not sell, distribute, share, license, or publish any of the content for monetary gain or otherwise. You are hereby advised that Rate-My-Agent.com, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.
PROHIBITED USE OF THE SITE AND CONTENT
Use of the Website should be in compliance with all written and stated laws. Without limitation, you may not use the Website to directly or indirectly:
- Invade another person’s privacy;
- “Stalk” or otherwise harass another person;
- Promote or incite hatred toward any party;
- Fake or impersonate any person or entity, including, but not limited to a Rate-My-Agent.com official, or falsely state your connection to any or all employees within the Rate-My-Agent.com company.
To use the Website of Rate-My-Agent.com, you must be at least 18 years old.
GRANT OF RIGHTS ON CONTENT
With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Website (your Contributions), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions, and to incorporate them into other works, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the website. Subject to the rights expressly granted to us, you retain ownership of the copyright on your Contributions. In particular, Content posted as a review of an agent is not the property of the agent who is being reviewed. Copying and publishing of Content is only permitted by providing a proper reference linking to the page on Rate-My-Agent.com where the review is published. Specifically, agents may copy review content to use on their own websites as long as a link to Rate-My-Agent.com is provided as the source of that content. Posting review content from Rate-My-Agent.com on other review sites is not permitted.
Moral Rights Waiver. While using our Website, you shall waive any and all moral rights with respect to your Contributions, in connection with our exploitation of the rights henceforth granted to us in this Agreement.
Prohibited Content. You agree to not upload, post, distribute, or transmit any and all Website Content that:
- is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the Content and to grant us all of the rights granted herein;
- is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
- implies or suggests an endorsement by us;
- in the case of audio or video Content, is greater than ten (10) minutes in duration; or
- contains advertising, a solicitation of funds, or a solicitation for goods or services unless written authorization is granted by us; or
- otherwise violates this Agreement or any applicable municipal, provincial, federal or international law, order or regulation.
Third Party Clearances. You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.
Removal of Content. Rate-My-Agent.com has no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the Site, and Rate-My-Agent.com is not responsible for any of this Content. However, Rate-My-Agent.com reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that we deem in our absolute discretion, unacceptable, undesirable or in violation of any law, regulation, contractual obligation or this Agreement.
Responsibility for Uploaded Content. Upon Agreement of our Terms, you shall know that any and all Content listed or placed upon our Website shall be your complete and sole responsibility. You shall agree to partake any costs, losses or damages resulting, directly or indirectly, from your making any Content available on or through the Website.
Third Party Content. You acknowledge that, despite the prohibitions above, Content posted on the Website by other end users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties, and assume no responsibility or liability for it. Content you access or transmit using the Website is accessed and transmitted at your own risk.
Third Party Websites. Websites accessed via links or other means from the Website have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such websites are in no way investigated, monitored or checked by us.
LINKING AND FRAMING
Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Website on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks, as determined by us in our sole and absolute discretion; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, as determined by us in our sole and absolute discretion; (c) the link, when activated by a user, must display the Site full-screen and not within a “frame” on the linked web site; and (d) we reserve the right to revoke our consent to the link at any time at our sole discretion.
AVAILABILITY OF WEBSITE
We strive to ensure that the Website and the Services are available to you at all times but cannot guarantee that either the Website or the Services will operate continuously, without interruptions, or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Website or the Services, including your access to it.
REFUNDS AND CANCELLATIONS
As advertising services are considered delivered for the duration of the time visible on the Website, payments are not refundable for advertising services delivered. Cancellations received part way through a term will be refunded or credited on a prorated basis.
To access certain parts of our Website, you may be required to sign up for a password and username; you agree to take complete responsibility for your username and password; Rate-My-Agent.com shall not now or ever be listed in any or all claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Rate-My-Agent.com immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any recurrence of such an event.
This Agreement shall continue indefinitely until terminated by you or us pursuant to the provisions hereof or in accordance with applicable law. We may discontinue, or terminate your access to the Website or any portion of the Website, at any time without notice to you. Our discontinuance of the Website or any portion of the Site may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required backup copies of such Content. Rate-My-Agent.com will not be liable to you with respect to its deletion of any Content.
DISCLAIMER OF WARRANTIES
The website, and all content, material, information or postings found on or accessed through the site, are provided on an “as is” basis. Rate-My-Agent.com, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the site or the content contained in or accessed through the site. Neither Rate-My-Agent.com nor its affiliates, licensors and related companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the site or the content contained in or accessed through the site, including, but not limited to, the contents of any content, information, material, or posting found on the site (including, but not limited to, any press releases or financial information), any services provided through the site, or any links to other sites made available on the site or the content contained on such site(s), or as to the continuous or error free use and operation of the site. Neither Rate-My-Agent.com nor its affiliates, licensors and related companies, nor each of their respective directors, officers, employees, consultants or agents makes any representations or warranties that the site or access to and use of the site will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the site is at your sole risk.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall Rate-My-Agent.com or its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results from your use of, or your inability to use, any content, information, material, or postings on the site, directly or indirectly. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Rate-My-Agent.com nor its affiliates, licensors and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Rate-My-Agent.com, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of the Site, the Content, your contributions and the placement or transmission of any Content or any of your contributions on the Site made by you or others using your user name and password. Rate-My-Agent.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Rate-My-Agent.com or its affiliates, licensors or related companies. You will cooperate as fully as reasonably required in the defense of any claim.
REMEDIES & RECOURSE
If you are dissatisfied with the Site or with this Agreement, your sole and exclusive remedy is to discontinue using the Site.
Rate-My-Agent.com reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular IP address to the Website or any part thereof.
Any disputes arising hereunder shall be governed exclusively by the laws of the state of California and the laws of The United States applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of California and/or the Federal Court of The United States, or any other judicial district or jurisdiction as Rate-My-Agent.com may determine in any and all actions, disputes, or controversies relating hereto. This Agreement and any rules, policies, guidelines or other agreements posted on the Site by Rate-My-Agent.com constitute the entire agreement between Rate-My-Agent.com and you with respect to your use of the Site. No waiver by either Rate-My-Agent.com or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
This Agreement has been drawn up in the English language at the express request of the parties.
REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By‐Laws, Rules, and the REALTOR® Code. The MLS® trademark, Multiple Listing Service® and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.
All other Trademarks displayed on the site are property of their respective owners.