Terms & Conditions

IMPORTANT DISCLAIMER TO SELLERS AND BUYERS

BY USING THIS SERVICE, YOU UNDERSTAND AND AGREE THAT THE COMPANY, WHILE LICENSED AS A REAL ESTATE BROKER IN STATE OF CALIFORNIA, IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR AS A BROKER OR A PROPERTY MANAGER AND MERELY ACTING AS THE REFERREE TO HELP YOU SELECT OTHER REAL ESTATE AGENT OR BROKERS AT A POSSIBLE DISCOUNTED RATE COMMISSION ARRIVED AT BY THE AUCTION OR PRIVATE BIDDING MODEL AND EARNING A REFERRAL FEE FOR SUCH REFERRALS FROM SUCH AGENTS. AS A BUYER AND SELLER THE USE OF THIS WEBSITE IS FREE FOR YOU AND YOU ARE NOT BOUND TO USE THE SERVICES OF ANY OF THE REFERRALS THAT WE PROVIDE ON THIS WEBSITE. BY USING THIS SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. THE COMPANY DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES YOU MAY COME INTO CONTACT WITH , AND THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS OR INACTIONS AND YOU HEREBY RELASE ALL LIABILITIES OF THE COMPANY FOR THE SAME.

DEFINITIONS:

These terms and conditions (or "Terms") govern your access to and use of our real estate referral, auction or bidding services, including the content, products, information, software, services, features, links and functionality (collectively, the "Service") provided on or available through the website, www.agentsdeal.com (the “Site"). The operator of the Site, Agentsdeal.com (the "Company"), is located at 1838 Andrews Ave, San Jose, CA, 95124, United States. Other definitions that may apply to these Terms include:

  1. “Agent” or “Agents” includes real estate salespersons, real estate brokers or broker/sales associates licensed to represent buyers or sellers in a real estate purchase/sale transaction and earn a commission for it.
  2. “Principal” includes prospective sellers and/or buyers interested in either selling or buying a property.
  3. "Company", "Ourselves", "We" and "Us", refers to the website www.agentsdeal.com and the operator of the site; and,
  4. "You" and "Your", refers to you, the person (Agent(s) or Principal or any other person or interested party) accessing this Site and/or using the Service
  5. "Party", "Parties", or "Us", refers to (Principal or Agent(s)) and the Company, or either the Principal or Agent or the Company, depending on usage of the term.

By using our Service, you are agreeing to these Terms:

  1. Conditional use
  2. You may use our Service only if you agree to comply with these Terms and all applicable laws. If you do not agree to comply with these Terms, you may leave the website and not use our service. These Terms are subject to change at any time, without prior notice. You are responsible for reviewing these Terms on a regular basis. You may accept these Terms by taking any action which demonstrates your acceptance, including by by clicking the checkmark button, or hyperlink, or other linking device and/or subsequently clicking the word "SUBMIT*" “Save*” or “Register*” and or similar language which references or incorporates these Terms; or accessing the Site or using the Service with the continued ability to view the Terms through a hyperlink or other linking device.

  3. Registration
  4. You must provide us with accurate and complete information and maintain and promptly update your information if it changes. Company may suspend or terminate your account if any information is suspected or found to be untrue. By using the Service and submitting any content or information to the Company or a third party in connection with this Service, you warrant that you have explicit authority to provide such content or information in accordance with the Terms and any applicable laws.

  5. Account security
  6. You agree to take all necessary steps to keep your login name and password and any information you enter as secure. You further agree that if your security is breached, you are solely responsible for any damage or liability occurring by this breach and thus even if you can prove unauthorized access or hacking by a third party, you are still liable for any third party use of your username and password and release all liability of the company for the same. You agree to notify us expeditiously if you become aware of any loss or theft or unauthorized use of any of your accounts. The Company will assume that any communications it receives from your account will have been sent and/or authorized by you. The Company does not control the Content uploaded or otherwise transmitted by you or other third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. This means that you and other third parties, and not the Company, are entirely responsible for Content that you upload or otherwise view or transmit via the Service.

  7. License, Use Restrictions and License granted to Agentsdeal
  8. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal or business use. The Company supports only those users who maintain at least a physical address of residence in United States or its territories. All other users should not be accessing the Site or use the Service, unless expressly allowed by the Company officer in writing. By submitting “content” including any photos, video, data or other materials directly through the Agentsdeal’s web sites including Agentsdeal.com, in consideration of the services offered to you by Agentsdeal, you hereby grant to Agentsdeal a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sub-licensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such “content” in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers. You further grant to Agentsdeal a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the “content”.

  9. Activities prohibited.
  10. Without limitation, the following is a partial list of the kinds of activities that are prohibited on or through the Agentsdeal’s web site: (a) submitting content that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting content that could be harmful to minors; (c) engaging in activity or submitting content that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting content, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting content that contain restricted or password only access pages, or hidden pages or images; (g) submitting content that displays pornographic or sexually explicit material of any kind; (h) submitting content that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting content that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting content that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages of the Site or for any other unauthorized purpose without Agentsdeal’s prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) “hacking”, decompiling, reverse engineering, or disassembling the Software or attempting to do so or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Service; (o) taking any action that imposes an unreasonable or disproportionately large load on the Agentsdeal web site; (p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (q) remove any copyright, trademark or other proprietary notice; (R) impersonate any person or entity, including, but not limited to, any the Company representative, or misrepresent your affiliation with any person or entity; (s) Web-scraping, downloading or web-crawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden (Crawling the Agentsdeal website is allowed for inclusion in web search engine results only); (t) circumvent any encryption or other security tools used anywhere on the Site (including theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site) (u) copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, give, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service (v) access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service

  11. Modifications to the Service
  12. Agentsdeal has the right to modify or discontinue any portion or attribute of a service, or the offering of any information, content, product or service with or without notice to any User. Agentsdeal shall not be liable to any User or any third party should Agentsdeal exercise its right to modify or discontinue any portion or attribute of a service.

  13. Termination
  14. You acknowledge that Agentsdeal reserves the right to cancel your membership in any Agentsdeal Service without liability at any time and without notice for many reasons determined in its sole discretion, including but not limited to your breach of these terms and conditions or violation of the rights of the company or third parties or if your account has been inactive for a prolonged period. You may cancel membership at any time for any reason by sending email to Agentsdeal. You agree that upon termination of the Service, either by you or the Company, the Company may delete all Content and information related to your account and may bar your access to your account and the Service including, but not limited to, access to any of your Content entered into or used in connection with the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service.

  15. Indemnification
  16. You agree to indemnify Agentsdeal and its employees, contractors, agents, officers, directors, investors, assigns, subsidiaries and affiliates for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses resulting from the use or the inability to use the service, any inaccuracy or falsity related to the Content or Personal information and/or your violation of these terms and conditions or state or federal laws or regulations or any third party rights, including but not limited to infringement of any intellectual property rights, violation of any proprietary right and invasion of any privacy rights; whether such claim is based on breach of warranty, contract, tort (including negligence), or otherwise. Agentsdeal bears no responsibility for any damages arising from any failure of performance, failure of service, failure to maintain, omission, interruption, deletion, defect, delay in operation or transmission, error in operation or transmission, viruses, destruction, unauthorized access, altercation or use of records, breach of contract, behavior resulting in a tort claim, negligence and any other cause of action.

  17. The Company and Third Party Proprietary Rights
  18. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content or information that may have been presented to you through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

  19. For Agents:
  20. If Agent(s) choose to accept referral(s) from Agentsdeal and subsequently handle a real estate transaction for the referral(s), then Agent(s) agree to pay us a Referral Fee, the detailed terms governing which are referenced in “Agentsdeal’s Referral Fee Agreement with Agents” that is incorporated as a part of this agreement.

  21. Disclaimer of Representations and Warranties
  22. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE
      1. WILL MEET YOUR PERSONAL OR PROFESSIONAL REQUIREMENTS OR RESULT IN REVENUES OR PROFITS
      2. WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE
      3. WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, AND
      4. WILL MEET YOUR QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT ANY LAWS OR REGULATIONS DESCRIBED IN THE SERVICE HAVE BEEN DESCRIBED ACCURATELY OR COMPLETELY AND THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW
    3. ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE
    4. The Service may provide references to other Internet sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  23. Limitation of Liability
  24. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, CONTENT AND/OR ANY INFORMATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ALSO AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY EVENTS BEYONG REASONABLE CONTROL OF THE COMPANY AND IN NO EVENT SHALL THE COMPANY'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTYS OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

  25. Entire Agreement and Jurisdiction
  26. The Terms of Use, Privacy Policy and the referenced agreement “Referral Fee Agreement” for Agents, constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of these Terms and Privacy Policy) with respect to its subject matter. Except as otherwise provided herein, these Terms and Privacy Policy shall be governed by the laws of the State of California without regard to any conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the state courts located within the County of Santa Clara, California. The Terms of Use and Privacy Policy do not limit any rights that the Company may have under trade secret, copyright, patent, trademark or other laws. The failure of the Company to exercise or enforce any right or provision of these Terms and Privacy Policy shall not constitute a waiver of such right or provision. If any part of these Terms of Service are 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 the Agreement shall continue in effect. You agree that any claim or cause of action arising out of or related to use of the Service or these Terms and Privacy Policy must be filed within one (1) year after such claim or cause of action arose but no later than one (1) year after your use of the Service has terminated for any reason or be forever barred. The section titles in these Terms and Privacy Policy are for convenience only and have no legal or contractual effect. The Terms and Privacy Policy shall inure to the benefit of the Company and its successors and assigns. All representations and warranties contained herein, and Sections 1 through 13 of these Terms and all of the Provisions of the Privacy Policy, shall survive after your use of the Service or after these Terms have terminated for any reason. 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. All rights not expressly granted herein are reserved to Agentsdeal.

E-SIGN ACT

These Terms are governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You understand that these Terms will not be denied legal effect, validity or enforceability if electronic signatures were used in its formation. You also understand that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.

Digital Millennium Copyright Act Policy

It is the policy of Agentsdeal to respect the legitimate rights of copyright owners, their agents, and representatives while at the same time reducing the number of allegations that we receive that are fraudulent or difficult to understand or verify. This page explains our policy regarding notices of copyright infringement and is intended to implement the procedures for the reporting of alleged copyright infringement set forth in the United States Digital Millennium Copyright Act, or DMCA (see U.S. Copyright Office website, http://www.copyright.gov, for DMCA text). Our policy includes responding to clear notices of copyright infringement.

Designated Agent

Notices of copyright infringement should be sent to our Designated Agent. Our Designated Agent to receive notification of alleged infringement under the DMCA is:
Agentsdeal
Attn: Sandeep Gupta
1838 Andrews Ave,
San Jose, CA 95124
Email to: support@Agentsdeal.com

Infringement Notifications

To file a notice of infringement with us, you must provide a written communication regular mail setting forth the information identified in each of the numbered paragraphs below. Please note that if you materially misrepresent that a product or activity is infringing your copyrights, you will be liable for damages, including attorneys’ fees and costs. Please use the following format to assist us in expeditiously processing your request

  1. Identify the copyrighted work that you believe has been infringed using reasonable sufficient detail.
  2. Identify the material that you claim is infringing the copyrighted work listed in paragraph #1 above with reasonably sufficient detail to permit us to locate it. This requires that you provide any search query that you used to locate allegedly infringing content, and the URL for each allegedly infringing search result.
  3. Provide information that is reasonably sufficient to permit us to contact you. If available, please provide your email address.
  4. If available, provide Agentsdeal information reasonably sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content. If available, please provide their email address.
  5. Include a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
  6. Include a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  7. Sign the notice.
  8. Send the written communication to our Designated Agent at address indicated above.

RESPA Disclosure

We are a licensed real estate Brokerage in California with BRE # 02023044, in compliance with the Real Estate Standards and Procedures Act. Agentsdeal conducts part of its real estate business through the website Agentsdeal.com which is a web based forum to connect home buyers and sellers with our partner real estate agents across the country. When one of our partner agents closes a transaction with our home buyers or home seller customers, we collect a standard referral fee from the real estate agent.