Ideal Agent™ Terms and Conditions
Last Modified August 19th, 2016
Lead & Prosper, Inc.’s website IdealAgent.com and Ideal Agent’s services is available to you conditioned upon your acceptance, without modification of the terms, conditions and notices contained herein. Your use of IdealAgent.com constitutes your agreement to all such terms, conditions and notices. Your use of IdealAgent.com and its’ services may be subject to additional terms outlined elsewhere on IdealAgent.com and in any other agreement between you and Lead & Prosper, Inc. d/b/a Ideal Agent.
Terms of Service for Home Sellers, Buyers and Real Estate Agents
Ideal Agent offers services to Home Sellers, Buyers and Real Estate Agents who are 18 years and older and reside in the United States. Registration with Ideal Agent as a Home Seller, Buyer or Real Estate Agent constitutes your agreement to these Terms of Services. Terms of Service can be modified at any time without prior notice. It is your responsibility to check for updates to these Terms of Services.
Use of Site
IdealAgent.com or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Lead & Prosper, Inc. in writing and signed by an executive of the company. Lead & Prosper, Inc. and its affiliates reserve the right to refuse service, terminate accounts, deny access to IdealAgent.com, and/or cancel orders in its discretion, including, without limitation, if Lead & Prosper, Inc. believes that customer conduct violates applicable law or is harmful to the interests of Lead & Prosper, Inc. and its affiliates.
User and Customer Submissions
If you provide any testimonial or otherwise transmit or post any content, information, review or comment on IdealAgent.com, you grant Lead & Prosper, Inc. and sub-licensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to fully exploit, make, use, reproduce, modify, adapt, publish, translate, transmit, create derivative works of, distribute, and display such content, information, reviews and comments throughout the world in any media. You also grant Lead & Prosper, Inc. and sub-licensees the right to use the name that you submit with any content, information, review or comment, if any, in connection with such content, information, review or comment. You warrant, represent and agree that nothing you transmit or post will be infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Lead & Prosper, Inc. reserves the right to remove anything you transmit or post at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities or if Lead & Prosper, Inc. is concerned that you may have breached the immediately preceding sentence, or for no reason at all.
Reservation of Rights
Except as expressly and unambiguously provided herein, Lead & Prosper, Inc. and its affiliates do not grant you any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.
All content available at IdealAgent.com, such as text, data, graphics, logos, button icons, images, audio clips, video clips and/or other content (collectively, “Content”), is the property of Lead & Prosper, Inc. and/or its affiliates and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this site is the exclusive property of Lead & Prosper, Inc. and protected by U.S. and international copyright laws. Lead & Prosper, Inc. reserves the right to remove all Content, from whatever source, at any time, for any reason including, but not limited to, claims or allegations made by third parties relating to such Content, or for no reason at all. Any and all software used or provided by Lead & Prosper, Inc. in connection with this site is the property of Lead & Prosper, Inc. and is protected by U.S. and international copyright laws. The Content and the software may be used only for your personal resource and subject to the terms and conditions set forth herein and any other agreement between you and Lead & Prosper, Inc. Any other use, unless otherwise authorized in writing by Lead & Prosper, Inc., including the framing, linking to, reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Copyright © 2016 Lead & Prosper, Inc. All Rights Reserved.
Copyright Agent: Support@IdealAgent.com
Ideal Agent is a trademark of Lead & Prosper, Inc. and the Ideal Agent logo, tagline and other such related graphics, logos, and service names are trademarks of Lead & Prosper, Inc.. Lead & Prosper, Inc.’s trademarks may not be used in connection with any product or service that is not Lead & Prosper, Inc.’s; in any manner that is likely to cause confusion among customers or the public; or in any manner that disparages or discredits Ideal Agent.
IdealAgent.com Use Disclaimer
By using IdealAgent.com and Internet in general, you and your personal information may be subject to various risks, including without limitation: exposure to contaminated files, security breaches, objectionable material and/or images, harassment, fraud, hacking, spamming, eavesdropping, viruses, worms and Trojan horses all of which may have a damaging or harmful effect on your computer. This is not intended to be an exhaustive list of all such risks that you may be exposed to when visiting IdealAgent.com. Ideal Agent is not responsible or liable for any loss or damage should you be exposed.
General Disclaimer; Representations & Warranties
This site is provided by Lead & Prosper, Inc. on an “as is” basis. Lead & Prosper, Inc. and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of the site or software or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Lead & Prosper, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lead & Prosper, Inc. and its affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within this site. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation On Liability
Lead & Prosper, Inc. will not be liable under any theory of law, for any direct, indirect, incidental, punitive, and consequential damages, including, but not limited to personal injury, loss of profits, business interruption, loss of information or data. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Indemnification of Lead & Prosper, Inc.
You agree to indemnify and hold Lead & Prosper, Inc., its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) your use of Lead & Prosper, Inc. products (b) your connection to our IdealAgent.com, (c) your violation of this Agreement, or (d) your violation of any rights of another party.
Modifications to IdealAgent.com; Updates and Terms
Lead & Prosper, Inc. may make changes to IdealAgent.com, Content, software, services, or the products provided by Lead & Prosper, Inc. and/or its affiliates and suppliers, at any time without notice. Lead & Prosper, Inc. makes no commitment to update Content, software, services or Products. Lead & Prosper, Inc. reserves the right to make changes to its IdealAgent.com and these disclaimers, terms, and conditions at any time. Your access or use of IdealAgent.com, Content, software or services subsequent to such a change will signify your asset to be bound by such changes.
Use of Third Party Services
You understand and agree that the Real Estate Agents that win the Home Seller & Buyer auctions on IdealAgent.com are not employed by Ideal Agent. Ideal Agent is not responsible or liable for any acts of omissions created or performed by these third parties. IdealAgent.com may contain links to other websites maintained by third parties. These links are provided for convenience and reference only. Ideal Agent does not operate or control the information, software, products or services they offer on these sites.
This site is created and controlled by Lead & Prosper, Inc. in the State of Florida, USA.
As such, the laws of the State of Florida will govern these disclaimers, terms, and conditions,
without giving effect to any principles of conflicts of laws.
Requirements for Home Sellers/Buyers Registered with IdealAgent.com
By registering as a potential Home Seller or Buyer on IdealAgent.com, you agree to the following:
- You are 18 years or older and capable of entering a legally binding contract.
- You are either ready to sell your home in the next 60 days or ready to purchase one in the next 90 days in the United States.
- You are not currently entered into an exclusive agreement to list or purchase with a real estate agent.
- You are not a licensed real estate agent or broker.
- You agree to be contacted via phone, text and email by Ideal Agent and our Real Estate Agents along with our third party partner services you have requested.
- You agree to provide accurate information about the property you are listing and the property is owned by you.
- You agree to provide accurate information about the property you would like to purchase.
- You agree to provide a realistic estimate of home valuation.
- You agree that Ideal Agent will be contacting you to verify the details you’ve submitted during registration.
- You agree to provide accurate and current contact information including phone, text and email to Ideal Agent, which we will forward to the winning Real Estate Agent. And, you agree that you will receive a text/SMS message including a verification code to confirm your mobile phone number.
- You agree to allow the winning Real Estate Agent to contact you using the information supplied to Ideal Agent during registration.
- You agree that you are not bound to accept any proposal submitted from Ideal Agent from Real Estate Agents. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the Real Estate Agent.
- Ideal Agent reserves the right to terminate the relationship with any Home Seller or Buyer who violates these Terms of Service.
- You agree and understand the Ideal Agent is not a Real Estate Brokerage and are not engaged in real estate services. Real estate services are performed by local real estate agent that have been referred to you by Ideal Agent. Ideal Agent does not act as a Real Estate Agent for any Home Seller or Buyer.
- You agree and understand the Ideal Agent offers its services to you for free and receives payment from Real Estate Agents that are partnered with Ideal Agent
Requirements for Registered Real Estate Agents and Fees
Ideal Agent offers marketing services to real estate agents. To receive these services, real estate agents must complete a registration and agree to payment for these services.
By registering as a Real Estate Agent on IdealAgent.com, you agree to the following:
- You are a real estate licensee in good standing with the licensing authorities in the area in which you are bidding as a Real Estate Agent on IdealAgent.com. You agree to remain in good standing with the licensing authority during your relationship with Ideal Agent.
- You are an individual person/real estate agent, not a company or brokerage.
- All information provided in your registration profile is accurate and true. And, you will routinely update/maintain your Profile on IdealAgent.com. Ideal Agent reserves the right to edit any information it deems improper or compromises anonymity.
- You agree to the terms of fees and payments with your registration on IdealAgent.com. Your account will be suspended if the credit card on file is declined for any reason. It is your responsibility to keep current.
- You agree that you are committing to pay the defined fee for the lead should your bid be selected as the winning bid.
- You agree to be contacted via email, text or phone by Ideal Agent, Home Sellers, Home Buyers and third parties associated with Ideal Agent.
- You will not refer any Ideal Agent supplied leads to any other person or company.
- You will maintain proper insurance coverage and will supply proof to Ideal Agent.
- You will not attempt to identify other Real Estate Agents that you are competing with on IdealAgent.com.
- You hereby grant Ideal Agent permission to use your Profile information on IdealAgent.com and to provide your information to Home Sellers and Buyers along with third party affiliates that partners with Ideal Agent.
- You warrant that you will not submit any information for any purpose that will harm Ideal Agent.
- You agree to maintain your membership with the NATIONAL ASSOCIATION OF REALTORS® and adhere to the highest level of professional conduct as outlined in the Association’s Code of Ethics. Ideal Agent has zero tolerance for any deviation from the services and commissions agreed upon if selected as the winning Real Estate Agent by a Home Seller or Buyer.
- You agree to take into consideration the standard commission rates for co-operating buyer agents in your area.
- You agree to make best efforts to promptly follow up with all Ideal Agent Seller & Buyer leads. You will respond within 8 hours of a winning auction. If for some reason you are unable to promptly contact the Seller or Buyer within the 8 hour timeframe, you will contact Ideal Agent so we can reassign to another Real Estate Agent.
- All bids on listings and purchases will be considered “Full -Service” and must include, but not limited to, the following services at no extra charge above the Total Commission submitted in the bid:
- Meet Seller or Buyers in person to present proposal.
- Present a Comparative Market Analysis (CMA) for Sellers.
- Recommend a List Price that will sell the home within the Seller’s expectations at the highest possible value.
- List the Property on the local MLS
- Prepare all listing and sale documents and disclosures.
- Actively market the home
- Manage the transaction from Listing to Closing
- Communicate regularly and promptly with all parties involved in the transaction.
- Negotiate on Seller or Buyer’s behalf.
- Accompany the Seller or Buyer to the closing.
Any violation of the above will be considered a violation of our Terms of Service.
- Ideal Agent reserves the right to terminate the relationship with any Real Estate Agent who violates these Terms of Service.
- A bid or the winning of a Home Seller or Buyer auction does not represents a Listing or Purchase Agreement. You must secure the Listing or Purchase with the Home Seller or Buyer.
- If you are the winner of a Listing or Purchase auction, your credit card will be charged the pre-defined amount of the lead. If you do not get the listing, you must notify Ideal Agent promptly so we can reassign the lead to another real estate agent and credit your account.
Dispute Resolution; Arbitration
Any claim or controversy arising out of or relating to the use of IdealAgent.com, to the services provided by Ideal Agent, or to any acts or omissions for which you may contend Ideal Agent is liable, including but not limited to any claim or controversy as to its arbitration value (“Dispute”), shall be finally, and exclusively, settled by arbitration. 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 arbitration shall be venued in Hillsborough County, Florida. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Ideal Agent. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Hillsborough County, Florida. 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 arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND IDEAL AGENT WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Ideal Agent’s goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Ideal Agent, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Hillsborough County, FL. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.