Effective Date: June 10, 2024
Introduction
Welcome to AgentWaldo! These Terms of Service (“Terms”) outline the terms and conditions for using our website (“Site”) and services (“Services”). By accessing or using our Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.
1. Use of Our Service
AgentWaldo provides a platform to connect home buyers and sellers with real estate professionals. Our core service involves making professional introductions between you and our real estate partners. These Terms govern the use of our Site and Services by both consumers and real estate professionals.
2. For Buyers and Sellers
Free Service
Our Services are provided free of charge to home buyers and sellers. We strive to offer up-to-date and accurate information, but we do not guarantee the completeness or accuracy of such information. By using our Site and Services, you agree to provide accurate, current, and complete information.
Professional Introduction
When you request our Services, you authorize us to use the information you provide to match you with a suitable real estate professional. This may involve sharing your contact information with real estate agents or other real estate service providers. By using our Site, you consent to being contacted by these professionals via phone, email, or other means.
No Agency Relationship
AgentWaldo acts solely as a referral service and does not represent you as your real estate agent or broker. Any real estate transactions are conducted between you and the referred real estate professionals. AgentWaldo is not a party to these transactions and does not endorse, recommend, or guarantee any specific real estate professional or their services.
Termination
You may discontinue your use of our Services at any time by providing written notice. However, any introductions made prior to termination remain subject to these Terms.
3. For Real Estate Professionals
Profile Information
Real estate professionals using our Site must provide accurate and complete information about their services. This information may be displayed on our Site and other platforms for marketing purposes.
Referral Fees
Maintaining a profile on AgentWaldo is free. However, if you accept referrals from AgentWaldo and subsequently close a real estate transaction with a referred client, you agree to pay us a referral fee based on the gross commission earned. This fee structure is outlined in our Referral Agreement, which you accept by using our Services.
Compliance
You are responsible for maintaining your real estate license and complying with all applicable laws and regulations. You agree to indemnify and hold AgentWaldo harmless from any claims arising from your services as a real estate professional.
Confidentiality
During the course of our relationship, you may receive confidential information from AgentWaldo. You agree to keep this information confidential and use it solely for the purpose of providing services to referred clients.
4. Privacy Policy
Your use of our Site and Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
5. Modifications to the Site and Services
AgentWaldo reserves the right to modify or discontinue any part of the Site or Services at any time without notice. We will notify you of significant changes via email. Your continued use of our Site and Services after such notification constitutes your acceptance of the new terms.
6. Intellectual Property Rights
All content on the Site, including text, graphics, logos, and software, is the property of AgentWaldo or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content without our express written permission.
7. User Content
By submitting content to the Site, you grant AgentWaldo a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and distribute your content. You represent that you own or have the necessary rights to the content you submit and that it does not infringe on any third-party rights.
8. Indemnification
You agree to indemnify and hold AgentWaldo harmless from any claims, losses, damages, liabilities, and expenses arising from your use of the Site and Services, your violation of these Terms, or your violation of any rights of another person.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENTWALDO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE AND USING THE SERVICES.
10. Dispute Resolution
Any disputes arising out of or related to these Terms or your use of the Site or Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles, California. You waive any right to a jury trial or to participate in a class action.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the province of British Columbia, without regard to its conflict of laws principles. Any legal action arising from or relating to these Terms shall be brought exclusively in the provincial or federal courts located in British Columbia, Canada.
12. Changes to Terms
AgentWaldo reserves the right to modify these Terms at any time. We will notify you of significant changes via email or by posting the updated Terms on the Site. Your continued use of the Site and Services after such notification constitutes your acceptance of the new Terms.