Terms and Conditions
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What is TopTierAgents.com?
TopTierAgents.com is an online resource that finds and connects you, the client, to real estate
professionals within the NRE Affiliates network that match your needs and compete for your business. Our services are provided free of charge to individual home sellers and buyers. When you submit a request to find an agent to help you buy or sell your home, we use your preferences, choices, and interests as well as real estate professional qualifications to match you with the right agent who will best serve your needs in any desired location throughout Southern California. TopTierAgents.com does not broker transactions, however Nationwide Real Estate Executives does. We are paid by matching home buyer and sellers with service professionals within the NRE Affiliates network. The terms of any agreement between our participating lenders and real estate professionals and TopTierAgents.com are not endorsed, recommended or otherwise known to or by TopTierAgents.com.
We, including our officers, directors, employees and/or our suppliers, participating lenders and real estate professionals ("We") provide our website and services 'as-is' and without any warranty or condition, express, implied, or statutory. Top Tier Agent's services is at your own risk. We disclaim all warranties, including but not limited to 1. Any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement; 2. Any warranties that the functions contained in the services and materials will be uninterreputed or error-free, that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components; 3. Any warranties regarding the use or results of the use, of the services and materials provided by the website in terms of their correctness, accuracy, reliability, timeliness, or otherwise by the use of this website whether resulting in whole or in part, from breach of contract, negligence, strict liabilty or otherwise, even if Top Tier Agents or otherwise known as We had been advised of the possability of damages. You alone assume any and all costs arrising in connection with your use of this website. Applicable law may not allow the exclusion of implied warranties, so the abvoe exclusion may not apply to you.
Limitation of Liability
In no event shall Top Tier Agents, including it's respective officers, directors, employees and/or our suppliers, participating lenders and real estate professionals ("We"), be liable fo rany injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidenal or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of this site or with any delay or inability to use this site, or for any information, software, products or services obtained through this site, even if a party has been advised of the possibility of such damages.
Disclaimer for Buyers and Sellers
In using our services as a home buyer and/or home seller, you warrant, understand, and agree to the following; 1.You expressly consent to being contacted by us and by our lenders and/or real estate professionals via the contact information provided by you so that we may provide the services set forth on our website, and you hereby consent to any such calls, emails, and text messages even if your phone number is on any Do Not Call List; 2. You are of legal age and are otherwise capable of forming a legally binding contract; 3. You recongize that Top Tier Agents does not directly brokerage any loans or real estate services, however both NRE Affiliates and Nationwide Real Estate Executives does and are affiliated with Top Tier Agents. You further agree that Top Tier Agents shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. Top Tier Agents is a resource for local real estate professionals that have the option to work with; 4. You acknowledge that nothing on this website contains a binding offer, promise or otherwise, either to make a specified loan or that any participating lender or real estate professional will make any loan for any purpose or on any specified terms. Furthermore Top Tier Agents does not guarantee that the the loan terms or rates offered and made available by participating lenders through this website are the best terms or lowest rates availabe in the market, and unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock agreement; 5. You acknowldge the posted user's ratings or reviews might not reflect the actual quality of service that you may recieve from participating lenders and real estate professionals, and Top Tier Agents makes no guarantees as to the skillset, experience, or technical know-how of any professional introduced. Althought Top Tier Agents, to the best of it's knowledge works with high-caliber agents and/or lenders, we strongly recommend that you independently verify and use all appropriate government, public, consumer and other agencies or sources of information to verify that our participating lenders and real estate professionals are appropriately licensed, bankruptcy free, or carry any adequate and appropriate insurance at the initial time, presently, or therafter the registration. Top Tier Agents disclaims any liabilty arising from and the accuracy of any user's services.
Any claim or controversy arising out of or relating to the use of TopTierAgents.com’s services, to the goods or services provided by TopTierAgents.com, or to any acts or omissions for which you may contend TopTierAgents.com is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration venue in Orange County, California. 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 arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to TopTierAgents.com. In any arbitration, TopTierAgents.com will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand there for. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Orange County, 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 an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TopTierAgents.com as a result of this agreement or use of this Website. TopTierAgents.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TopTierAgents.com’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by TopTierAgents.com with respect to such use. If any part of this agreement is 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 this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and TopTierAgents.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TopTierAgents.com with respect to this Website. 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.