PRIMOAGENTS TERMS and CONDITIONS
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms and Conditions are considered an offer by PrimoAgents, acceptance is expressly limited to these terms. You must be 13 years of age or older to use the website, unless permission has been obtained from a parent or guardian to use the Website.
1. Membership and Guarantee
We guarantee that a member will receive a referral or we will extend their membership for another year at no cost under one condition: the member must send at least one referral through the PrimoAgents network. We do not guarantee that a member will get a referral on the website and do not offer any compensation or refunds if a member does not receive a referral.
Each individual that registers as a Member of the Website agrees to the following:
i) They are a licensed and registered REALTOR® in their province or state in North America.
ii) They agree that their application and profile information they provide and showcase on the Website is complete, accurate and up-to-date.
iii) They agree to have their profile and its information displayed publicly and used in marketing and promotion of the website.
2. Membership Screening
Applicants are screened before being approved as members on the Website. No guarantee or warranties about the effectiveness of our screening methods or the quality of our members is being made. Members are for the most part, not personally known by the company, and they do not work for us or represent our company or Website in any capacity. Therefore, we do not suggest or guarantee anything with respect to their abilities as a Real Estate Agent or the services they provide. We provide profile information and a method of contacting members as a convenience to our users.
3. Referral and Information Forms
The referral and information forms provided on the Website, for either members or non-members to send to members, are provided simply as a convenience to our users. PrimoAgents is not responsible for taking any action related to the updating of the status of any referral or its process, it is up to the real estate agents involved to keep in contact and do anything necessary during the referral process and at its termination. PrimoAgents does not guarantee that a referral form has in fact been sent or received as errors by the user or Website could prevent the successful sending or receiving of the form. Real Estate Agents sending client information agree they have obtained permission from the client to send their personal information on the Website with the form. Any user sending information agrees they have permission to send the information on the Website and agree that the information they provide is accurate. PrimoAgents takes no commissions from deals that come from the sending and receiving of forms on the Website for members. The exception to this is for members under the previous Option B plan which had an agreed commission sharing. For members on Option B they agree to giving a 5% referral fee to our affiliated brokerage, Realocity Realty Inc., on any and all closed referrals that are shared via the PrimoAgents website. Option B members also agree to a 25% referral fee for any closed deals that come from client leads received on the PrimoAgents website.
4. Voluntary Expiry of Membership
If the member requests to be removed from the Website, we will remove their profile and personal information. Their trading area may not be available in the future if they choose to re-apply.
5. Emails from PrimoAgents
By providing PrimoAgents with your email address, you are agreeing to receive periodic emails from our company about your profile, changes to the Website or its policies, promotions and other information deemed important or necessary for our members. By providing us with your email, you agree that these are not unsolicited emails. The company newsletter is sent once a month, free, by subscription and you are subscribed upon accepted membership. A member can unsubscribe to its mailing list; however, this is the main form of communication to members at this point and therefore members are encouraged to stay subscribed.
6. Posting of Content
You are entirely responsible for any Content you post on the Website including but not limited to content provided in your profile, Website forms, attached files, and content (the “Content”) posted in the Website’s forum. That is the case regardless of whether the Content in question constitutes text, graphics, or computer files. By making Content available, you represent and warrant that:
· the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
· the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
· the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
· the Content is not pornographic, libellous or defamatory does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
7. Removal of Content and/or Users
Without limiting any of those representations or warranties, PrimoAgents has the right (though not the obligation) to, in PrimoAgents’ sole discretion (i) refuse or remove any content that, in PrimoAgents’ reasonable opinion, violates any PrimoAgents’ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PrimoAgents’ sole discretion. PrimoAgents will have no obligation to provide a refund of any amounts previously paid. PrimoAgents may edit or delete any listings, advertisements or any other postings at any time at their own discretion.
8. Disclaimer of Liability
You agree that any and all use of the Website is entirely at your own risk. PrimoAgents’ services are provided “as is” without warranties of any kind, whether expressed or implied. To the fullest extent permissible by law, PrimoAgents disclaims all warranties, whether expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. PrimoAgents does not warrant or make any representations regarding the use of materials or content of the Website with regard to their correctness, accuracy, reliability, or otherwise. PrimoAgents does not warrant that the Website or any part of the site will be uninterrupted or error-free. PrimoAgents is not responsible for any offers, products, services, statements, information, content expressed made available by third parties and provided by any off-site page referenced on this Website by hypertext link. The user specifically acknowledges that PrimoAgents shall not be liable for the conduct of other users, links, or third parties referenced in links on this Website, and that the risk of injury from use of such links rests entirely with the user. Further, the presence of links to third parties on this Website does not constitute an endorsement by PrimoAgents of the content of the linked sites, or of services or products which may be offered on those sites. These links are provided as an information service only, and it is the sole responsibility of the user to investigate and evaluate any and all offers, services, products, statements, information, and overall content of the linked page.
9. Copyright Policy
The contents of this Website are proprietary to PrimoAgents and third parties and are subject to the copyrights, trademarks and other intellectual property rights of PrimoAgents and third parties. You may not use information on the Website for any commercial use, other than to search and find members, send referral information to members, send contact information to members, and post profile information as a member for others to search and view. You may not reproduce, retransmit, redistribute, upload or post any part of this Website, including the contents thereof, in any form or by any means, or store it in any information storage and retrieval system, without prior written permission from PrimoAgents.
10. Changes to the Website
PrimoAgents reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PrimoAgents may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
PrimoAgents may terminate your access to all or any part of the Website at any time, with cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PrimoAgents.com account (if you have one), you may simply discontinue using the Website and/or request to have your profile removed from the Website. Notwithstanding the foregoing, if you have a membership account, such account can only be terminated by PrimoAgents if you materially breach this Agreement and fail to cure such breach within thirty (30) days from PrimoAgents’ notice to you thereof; provided that, PrimoAgents can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
The Website is provided “as is”. PrimoAgents and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PrimoAgents nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. General Representation and Warranty.
You agree to indemnify and hold harmless PrimoAgents, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between PrimoAgents and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PrimoAgents, or by the posting by PrimoAgents of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Province of Ontario in the country Canada, excluding its conflict of law provisions. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PrimoAgents may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.