Welcome to agentopiachicago.com (the “Site”). This Site is offered to you, the “User”, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. By accessing, browsing, and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services, and by using this site and/or services in any manner you are deemed to accept these Terms of Use without modification. These Terms of Use are subject to change at any time, without prior notice.
WHAT IS agentopiachicago.com?
agentopiachicago.com matches home buyers and sellers with real estate agents in the city of Chicago and surrounding suburbs. Our services are free for residential buyers and sellers. When you submit a request form, we use your preferences, choices, and interests to match you with an agent who we believe will best serve your needs. Agentopia Chicago does not broker or act as an agent for any party in residential real estate transactions. Rather, we are paid a referral fee by the real estate agent we referred to you if you choose to hire them to represent you in the purchase and/or sale of a home and the purchase or sale is closed. The terms of any agreement between our users and participating real estate agents are not endorsed, recommended or otherwise known to or by Agentopia Chicago.
PRIVACY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Agentopia Chicago or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Agentopia Chicago and protected by U.S. and international copyright laws. All software used on this site is the property of Agentopia Chicago or its software suppliers and protected by United States and international copyright laws.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including but not limited to doing so by e-mail or other electronic means) from this Website without Agentopia Chicago’s express prior written consent. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights of Agentopia Chicago. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.
NO WARRANTIES
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, AND REAL ESTATE PROFESSIONALS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. USE OF AGENTOPIA CHICAGO’S SERVICES IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, AND REAL ESTATE PROFESSIONALS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 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 UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE 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 SITE 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, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGENTOPIA CHICAGO AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AGENTOPIA CHICAGO, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR OUR SUPPLIERS, AND REAL ESTATE PROFESSIONALS, BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL 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. RESPONSIBILITIES OF ALL USERS AND SERVICE PROVIDERS You are solely responsible for all acts or omissions that occur under your account, including the accuracy and completeness of all content that you (or anyone using your account) submit, post or transmit through agentopiachicago.com.
You agree not to use the agentopiachicago.com to do any of the following:
– violate any local, state, national or international law;
– stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications;
– collect, harvest or store personal data about other users including email addresses or contact users for any purpose other than responding to the content posted by such users;
– impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
– interfere with or disrupt the Services or servers or networks connected to the agentopiachicago.com web site or the other services, or disobey any requirements, procedures, policies or regulations of networks connected to the agentopiachicago.com web site; and
– upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs, for example, worms, Trojan horses, cancelbots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; (e) surveys that have not been approved or cleared by us; or (f) contests or games of chance.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Please be aware that these links are provided for your convenience and reference only. agentopiachicago.com does not operate or control in any respect any information, software, product or services available on such Web sites. agentopiachicago.com’s inclusion of a link to a Web site does not in any way imply an endorsement of the services or the site, its contents, or its sponsoring organization.
INDEMNITY
You agree to indemnify and hold us and (as applicable) our officers, directors, agents, employees suppliers, and real estate professionals employed by us, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it may incorporate by reference, or your violation of any law or the rights of a third party.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of agentopiachicago.com’s services, to the goods or services provided by agentopiachicago.com, or to any acts or omissions for which you may contend agentopiachicago.com is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration in Lake county, Illinois. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at the time a written demand is made for arbitration. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the person requesting arbitration shall select an arbitrator from a panel of arbitrators acceptable to Agentopia Chicago. In any arbitration, Agentopia Chicago will split 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 therefor. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Lake County, Illinois. 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.
TERMINATION
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.
GENERAL
This agreement is governed by the laws of the State of Illinois, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Lake County, Illinois, USA to the exclusion of any other jurisdiction or venue in all disputes arising out of or relating to the use of this Website without regard to any conflict of law principles that would otherwise direct application of the laws of another jurisdiction. If any provision of this Agreement is in conflict with any statute or rule of law of the State of Illinois or is otherwise unenforceable, the provision shall be deemed null and void but only to the extent of such conflict or unenforceability, and shall be deemed separate from and shall not invalidate any other provision of this Agreement. 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 Agentopia Chicago as a result of this agreement or use of this Website. Agentopia Chicago’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Agentopia Chicago’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Agentopia Chicago with respect to such use. This agreement constitutes the entire agreement between the user and Agentopia Chicago with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Agentopia Chicago with respect to this Web site. 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. This Agreement shall be construed without regard to the identity of the person who drafted the various provisions thereof. Moreover, each and every provision of this Agreement shall be construed as though all parties hereto participated equally in the drafting thereof. As a result of the foregoing, any rule of construction that a document is to be construed against the drafting party shall not be applicable.
RESPA DISCLOSURE
Agentopia Chicago is an Illinois Licensed Real Estate Limited Liability Firm in compliance with the Real Estate Standards and Procedures Act. We match home buyers and sellers with our partner real estate agents in the city of Chicago and surrounding suburbs. 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.
Terms for Broker and Agents
Real estate professionals who are involved with and use our Web site must agree with the following terms:
If you choose to accept referrals from Agentopia Chicago, and if you handle a real estate transaction or multiple transactions for this referral, you agree to pay us a Referral Fee of 30% of each gross commission you earn within 2 years of the date of referral.
You grant agentopiachicago.com permission to display on our Web site and elsewhere information that we have gathered or you have supplied related to any of the real estate transactions that you have handled as a real estate professional.
You are responsible for maintaining your own real estate license and for following all applicable real estate laws regarding disclosures, documentation and other brokerage responsibilities. In addition, you are responsible for the real estate brokerage services provided to your clients and agree to indemnify, defend and hold Agentopia Chicago harmless from any claims, costs, and damages incurred by Agentopia Chicago arising from claims by your clients regarding the brokerage services you have provided.
Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by this agreement, and Referral Fees will be due within ten business days of the closing of any transactions resulting from such referrals.
You agree to be contacted by Agentopia Chicago for its referrals via phone, email, mail or other reasonable means. You agree that you will not provide the referrals sent by us to you to any other party without our prior written consent. You confirm and agree that any information you provide to Agentopia Chicago is accurate, complete and owned by you, and you agree to update any information that is or becomes inaccurate.
You grant us permission to e-mail or display your Profile (including your name, photo, contact information and transaction details) and such other information as may be supplied by you on or from our Web site www.agentopiachicago.com and and other partner and affiliate websites for marketing purposes, all in compliance with applicable laws.
You agree that we may modify the services provided, these terms of service or the price charged for our services at any time. We will send you an email thirty days in advance of any significant changes of our services, terms of service or prices, and you agree that your continued use of our services after such notice means that you accept the new terms and any subsequent referrals or services shall be governed by the new terms.
Terms for Buyers and Sellers
Prospective Buyers and Sellers who use our Web site must agree with the following terms:
You authorize Agentopia Chicago to use and provide the information you submit to us to licensed real estate agents to make an introduction. By providing this information to us, you consent to being contacted by us and by referred agents via phone, email, mail or other reasonable means - even if your phone number is on any Do Not Call list.
You understand that while Agentopia Chicago may refer real estate professionals and we are a licensed IL real estate brokerage, we do not perform real estate brokerage services for you. Any Real Estate brokerage activities will be performed by local Real Estate Professionals that have been referred to you and with whom you reach a written agreement for representation in any transaction. We do not endorse, recommend, take part in or otherwise know the terms of any agreement between you and a real estate professional you hire to represent you in any transaction.
You acknowledge that agentopiachicago.com does not review or verify the information, offers, profile, or promotions that are self-reported by our participating real estate professionals and agentopiachicago.com does not make representations or warranties regarding participating real estate professionals, and specifically do not represent or warrant that such participant real estate professionals are appropriately licensed, bankruptcy free, or carry any adequate and appropriate insurance at any time. You should independently use of all appropriate government, public, consumer and other agencies or sources to verify all matters.
You understand that we may receive a referral fee based on a percentage of the commission received by the professionals involved in a real estate transaction you are a part of. Agentopia Chicago charges no fee to you, the Buyer or Seller, for utilizing any agent referred to you by us. Any referral fee or related payment due is based upon a separate agreement between us and the real estate professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by the agreement that we may have with a real estate professional.
You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by the new terms.
