Terms of Use

General
The following are terms of a legal agreement between you, the person viewing and/or using this Internet site (“User”) and BrokerRank® (“BrokerRank”) the operator of this Internet site. By accessing, browsing and/or using this Internet site (defined to include all properties (mobile, Web or otherwise) owned and operated by BrokerRank), related data, and/or related services (“Site”), User acknowledges that User has read, understood, and agrees to be bound by these terms and to comply with all applicable laws and regulations, including but not limited to U.S. export and re-export control laws and regulations. If User does not agree to these terms, User is not authorized to use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law and international treaties.

Description of Service.
BrokerRank provides users with access to a collection of websites, resources, data, software, and tools (“Service”). The services that we provide are subject to the following Terms and Conditions of Use (“T&C”), which we may modify by posting revised T&C on our website(s) from time to time without providing notification. Unless stated otherwise, any new features or enhancements to the current Service shall be subject to this agreement in addition to any T&C applicable to particular services. You are responsible for regularly reviewing these T&C and any applicable changes. Continued use of the service after any changes take effect will constitute your acceptance of such changes.

Binding Agreement.
When you visit and use any site within BrokerRank’s websites or when you register for a new BrokerRank account, you are both agreeing to be bound by these T&C and representing that you are of legal age to form a binding contract. If you do not wish to be bound by this agreement, please refrain from using our services, accessing our websites, or registering for an BrokerRank account. By submitting your contact information to BrokerRank, you agree that BrokerRank or an affiliated network user may contact you.

All information, content, services and software displayed on, transmitted through, or used in connection with BrokerRank.com or affiliated sites of BrokerRank, including websites, stories, reviews, blogs, listings, guides, photographs, illustrations, audio clips, video, html, source and object code is owned by the BrokerRank and its affiliates. You may use BrokerRank material online only, and only for noncommercial use unless otherwise agreed to in writing.

You may not republish any portion of BrokerRank on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content. You may not scrape or otherwise copy our content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through BrokerRank, not to insert any code or product or manipulate the content of BrokerRank in any way that affects the user experience, and not to use any data mining, data gathering or extraction method. You may not use any meta tags or any other hidden text utilizing or incorporating BrokerRank’s name or trademarks.

Requests to use content for any purpose other than as permitted in these Terms of Use should be directed to BrokerRank by contacting us. In certain cases, you may be able to obtain permission to use individual stories that appear on BrokerRank through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the site you may license or you will see a link in the site itself. If you do not see such authorization or link, you should assume no third party has the right to allow you to use material from the site.

Copyright Complaints

BrokerRank respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material, please review our Copyright Notice for proper procedures.

User-Provided Information and Content

By providing information to, communicating with, and/or placing material on, BrokerRank, including, for example, communication during registration, communication on any BrokerRank blog, comment area, messaging system, entering any contest, posting any material, photograph, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Use; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Use; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of BrokerRank that allow for unique, fictitious names, e.g., user names in comment areas).

For all such information and material, you grant BrokerRank, its affiliates and related entities, a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize BrokerRank to include the information in a searchable format accessible by users of BrokerRank and other affiliated websites, and to use your name and any other information in connection with its use of the material you provide. You also grant BrokerRank the right to use any material, information, ideas, concepts, know-how, product concepts, trade secrets or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Transactions and E-Commerce

During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a featured listing, a online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. BrokerRank cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree BrokerRank is not responsible for such errors or discrepancies.

Communications with Third Parties Through BrokerRank

Your dealings or communications through BrokerRank with any party other than BrokerRank are solely between you and that third party. For example, certain areas of BrokerRank may allow you to contact third party agencies, conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will BrokerRank be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

During your visit to BrokerRank you may link to or view certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, websites, advertisements, features, or contests offered by other parties. BrokerRank is not responsible for the actions or policies of such third parties. You should check the applicable terms of use and privacy policies of those third parties when providing information on such a feature or page. BrokerRank cannot and does not warranty the accuracy or completeness of information about goods or services for sale provided by third parties and specifically disclaims any implied warranties, including the warranties of merchantability and fitness, with respect to such goods. You acknowledge that reliance upon information about goods or services for purchase provided by third parties shall be at your sole risk. Any and all concerns regarding such goods or services must be addressed directly with the prospective seller prior to the sale.

Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through BrokerRank, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via BrokerRank. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to BrokerRank as provided below.

You promise that you will not use the BrokerRank Network to:

  • Transmit any Content
    • not related to appropriate subject matters;
    • which is misleading to others, including consumers;
    • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • that you do not have a right to post and transmit under any law or under contractual relationships;
    • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to BrokerRank, you grant, and you represent and warrant that you have the right to grant, to BrokerRank an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of BrokerRank, you grant BrokerRank all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on BrokerRank by any party for any purpose.

BrokerRank is committed to maintaining the privacy and security of any and all such information that you provide to BrokerRank through the BrokerRank Network in accordance with its Privacy Policy. Please click here to review the BrokerRank Privacy Policy.

Posting Rules

Interactive areas, discussion boards,Q&A advice, private messaging, blogs, etc., are intended to encourage public debate. We expect people to differ — judgment and opinion are subjective things — and we encourage freedom of speech and a marketplace of ideas. By using these areas of BrokerRank, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. We prohibit profanity, libel, spam, racial epithets, and the harassment and abuse of others. Any off-topic comments stand a chance of being removed.

Real Estate Solicitation

BrokerRank is not a licensed real estate broker. Any electronic communication is not an offering nor an offer to sell nor a solicitation of offers to purchase. It is provided solely for informational purposes and is not intended to constitute an advertisement in any jurisdiction. All information contained within this website are subject to change, and no representations are made as to the accuracy of such information.

Real Estate Data

All real estate data provided on this Site is strictly for the personal, private, non-commercial use of User and is not made available for redistribution, retransmission, reformatting, modification or copying. User may not sell or use any of the real estate data on this Site for any purpose other than attempting to evaluate houses or properties for sale or purchase by User. User acknowledges that the real estate data on this Site is provided by 3rd party providers or vendors (“Vendors”), and User acknowledges the validity of the Vendors copyright as to such data. User expressly acknowledges and agrees that the Vendors are a third-party beneficiary of these Terms of Use, and that the Vendors will be entitled to enforce these Terms of Use against User.

To the fullest extent permitted by law, the data on this Site is provided “as is,” without warranty or representation of any kind, either express or implied, as to the nature, quality, characteristics or value of any property or information to which the data pertains. NEITHER PROVIDER NOR VENDORS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DATA DISPLAYED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE TIMELINESS, ACCURACY AND/OR COMPLETENESS OF THE DATA.
NEITHER PROVIDER NOR VENDORS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOST PROFITS, LOSS OF CUSTOMERS OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE DATA DISPLAYED ON THIS SITE, WHETHER THE CLAIM OR CAUSE OF ACTION ARISES IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.

User agrees that the prevailing party or parties in any action brought to enforce or for breach of these Terms of Use shall be entitled to recover, in addition to any other relief, that party’s or those parties’ reasonable attorney’s fees and court costs incurred in such action from the non-prevailing party or parties.

Public Record Information displayed on this Site is deemed reliable but not guaranteed.

Mortgage-Related Disclosure

This disclosure statement pertains to the conduct of BrokerRank, including services BrokerRank provides, in connection with the mortgage loan industry and websites and mobile applications operated by BrokerRank. User agrees to the Mortgage-Related Disclosure set-forth here: https://brokerrank.com/disclaimers/mortgage-related-disclosure/

Webscraping of Listing & Property Data Is Not Allowed

Crawling the BrokerRank.com and affiliated network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from BrokerRank.

BrokerRank Community Guidelines

User agrees to abide by the Community guidelines set-forth here: https://brokerrank.com/disclaimers/community-policy/

Links

Links provided on this Site are put there for the user’s convenience. Links may be directed to third-party content, meaning that BrokerRank has no control over what is actually posted at the destination sites. BrokerRank does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that BrokerRank can review the content and make changes to links where necessary.

Registering an Account on BrokerRank.com

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You certify that you will not upload or post inappropriate content such as profanity, obscenity, libelous content, etc.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). The most common public uses for content today are in the user forums and paired with a public review left by you for a particular agent.

Brokerage Services

Site users may make requests to contact a broker. By making such requests, the Site user authorizes BrokerRank to share the user’s personal information including their home search history, favorites and saved searches to a professional in order to satisfy the user’s request. When Site users make such requests to BrokerRank they are extending an express invitation for BrokerRank, or another appropriate entity or person, to contact the User.

You understand and agree that if you use the services provided by BrokerRank to locate and broker, BrokerRank may be compensated by that broker for the referral service. You agree that your use of the Site does not constitute or create a fiduciary or brokerage relationship with BrokerRank involving the purchase and sale of any property or security.

You understand that all the data on properties available for sale or rent is maintained by various real estate brokers, real estate agent boards, MLSs and associations in the communities where you are searching or where your property is located. These local boards of real estate are independent of BrokerRank and are solely responsible for the accuracy of the information on properties entered into their own MLS data. BrokerRank does not alter or add to this information on the properties in any way.

Equal Housing Opportunity

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Other Specifics About Interactive Areas

BrokerRank comment areas, blogs, private messaging, and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of BrokerRank and the volume of messages and postings, BrokerRank cannot and does not monitor all of the material posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using these forums.

We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the blogs, comment areas, or private messages you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. Divulging real names, phone numbers, addresses, occupations, or other information that can be used to identify or locate other site users is strictly prohibited.

BrokerRank reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

General Disclaimer and Limitation of Liability

While BrokerRank uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. BrokerRank does not represent or warrant that use of any content will not infringe rights of third parties. BrokerRank has no responsibility for actions of third parties or for content provided or posted by others. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” BROKERRANK AND/OR ITS SUPPLIERS OR PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR BROKERRANK’S SERVICES IS AT YOUR OWN RISK. BROKERRANK AND/OR ITS SUPPLIERS OR PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR BROKERRANK’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BROKERRANK AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnity

By using this Site the User agrees to indemnify BrokerRank and its suppliers and professionals from and against any and all liabilities and expenses and damages arising out of the users use of the Site. Users may not use this Site for illegal, harassing, unethical, or disruptive purposes.

Any claim or controversy arising out of or relating to the use of this Site, to the goods or services provided by BrokerRank, or to any acts or omissions for which you may contend BrokerRank is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. 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 arbitration shall be venued in San Diego, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by BrokerRank. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Diego, 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 arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND BrokerRank WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using BrokerRank’s goods and services you consent to these restrictions.

Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and BrokerRank, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Diego, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

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