Thank you for reviewing our Terms of Service Agreement (hereinafter the Agreement”) for the AgentbyOffer.com web site. This website is owned and operated by Agent by Offer LLC (hereinafter “Agent by Offer,” “We,” or “Us”). This Agreement applies to persons who visit, register with, subscribe to, access information through, or otherwise use the Agent by Offer.com web site (“Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access Agent by Offer services (“Services”) or the AgentbyOffer.com web site (hereinafter referred to collectively as “AgentbyOffer.com” or “the Site”). Acceptance by you of the Agreement occurs upon the earlier of: (i) your acceptance of the Agreement electronically when selecting and ordering a subscription plan online, or (ii) your use of the Services.
2. About AgentbyOffer.com.
Agent by Offer provides a service designed to help pair individuals with real estate professionals. Individuals can create a profile and submit listings to buy, sell, or rent out property. Real estate agents and property managers can create a profile and submit "Offers" to represent individuals based on fees associated with using their professional services. Agent by Offer is focused on finding people the right real estate professional while encouraging a competitive environment. The Services are not intended to and do not provide financial or real estate advice. Agent by Offer is not a real estate or financial broker, agency, or lender.
3. Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. AgentbyOffer.com is not designed or intended for persons under the age of 18. If you are under the age of 18, you are not authorized to use the Site, submit information to AgentbyOffer.com, or create an account with Us. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by Agent by Offer to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. Competitors are not authorized to access or use our website without express, written permission from us in advance of such access. If you do not qualify, please do not use our Site. Further, if you register with the Site, your user ID and password may not be transferred, loaned, given or sold to another party.
The Site provides the ability for consumers that need the services of a real estate professional and real estate professionals to find each other. Consumers may create a listing that describes the property they wish to buy or sell, or the property they need managed by a professional, while real estate professionals may provide information about themselves and provide competitive offers to those consumers. You may view certain areas of the Site at no cost. In order to access additional features and the services, including the ability to create and post a listing and provide competitive service offers, you must become a paying subscriber of the Service. Agent by Offer offers different subscription options. The details, including the costs of each subscription option, are posted on our web site at http://www.AgentbyOffer.com. As further discussed below, you acknowledge and agree that Agent by Offer does not warrant or guarantee the quality, reliability, completeness, timeliness, or other qualities relating to the information or services provided by Users of the Site, any specific results from the Site, or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to send or receive.
5. Subscriptions; Billing
If you choose to subscribe to the Services, you will be charged using your chosen payment method based on the specific subscription option that you select. Your initial charge will be authorized and processed at the time your subscription is selected by you and you expressly authorize such charge as well as recurring charges, if any. Most subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges until such time as you notify Agent by Offer that you wish to cancel your subscription to the Site. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may offer free trial periods from time to time, which you may cancel before the end of the trial period by notifying us in writing. You also acknowledge and agree that unless you cancel in advance Agent by Offer may submit a charge after your trial period ends and recurring subscription charges for subsequent terms without further authorization from you until you notify Agent by Offer that you wish to terminate your subscription. If you cancel your subscription before its termination time, you will not be eligible for a refund of any unused portion. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. Agent by Offer reserves the right to change its fees or billing methods at any time. We will provide advance notice to the affected Users of any such changes. You agree to promptly provide Agent by Offer with any contact or billing information changes or updates, including but not limited to changes to your chosen method of payment.
6. User’s Responsibilities and Acknowledgements.
7. Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information, listings, and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) access any Users information for a purpose other than providing real estate related services for such User; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or User information without the prior expressed written permission of Agent by Offer and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your subscription and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, Agent by Offer will not issue any refunds of any amount to you.
10. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, Agent by Offer. Such links do not necessarily constitute an endorsement by Agent by Offer of those sites. Agent by Offer undertakes no obligation to monitor such sites, and you agree that Agent by Offer is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
11. Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.
12. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. While you have an active subscription with the Site you agree that we may send you emails from time to time as part of the service we provide.
13. Disclaimer of Warranties.
WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 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. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Agent by Offer. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR SERVICES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Agent by Offer DISCLAIMS ANY AND ALL SUCH WARRANTIES.
14. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE Agent by Offer LLC, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY AGENT BY OFFER.
15. Limitation of Liability.
IN NO EVENT SHALL WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE ACTS OF ANY USER, AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT AGENT BY OFFER'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) information and content you submit to or transmit through the Site, (ii) your violation of any law or the rights of a third party; (iii) any dispute or issue between you and any third party; or (iv) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Agent by Offer reserves the right but not the obligation, 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 such claim or matter without the written consent of Agent by Offer. You further agree to indemnify and hold harmless Agent by Offer from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
17. Grant of Licenses.
Agent by Offer grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of User email addresses or other User information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. By posting information or content to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Agent by Offer, an irrevocable, perpetual, non-exclusive, fully-paid (and royalty free), worldwide license to use, reproduce, communicate, publicly perform, publicly display and distribute such information and content.
18. Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
Failure by Agent by Offer to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
20. Right to Change this Agreement.
Agent by Offer reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. We will post a notice on the main page of the Site notifying you of a change to this Agreement and any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following Agent by Offer’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
21. General Provisions.
This is the entire Agreement governing the use of the Agent by Offer Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, USA, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the Commonwealth of Virginia. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Agent by Offer in accordance with applicable law and the remainder of the Agreement shall remain in full force. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.
22. Contact Agent by Offer.
Except as explicitly stated otherwise, any notices to Agent by Offer shall be given by email to email@example.com (in the case of Agent by Offer). You agree that you will notify Agent by Offer in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give Agent by Offer a reasonable period of time to address it before bringing any arbitration or legal action.
Last updated: June 6, 2018