PLEASE READ THE FOLLOWING TERMS OF SERVICE (hereinafter “AGREEMENT”) CAREFULLY BEFORE USING the FastExpert.com WEBSITE (the “Site” or “FastExpert” or “FastExpert.com”).
These terms explain your (and our) rights under this Agreement and make certain disclosures required by law. By using the Site, you agree to the terms of this Agreement. If you do not agree to these terms, you may not use the Site, FastExpert or FastExpert.com. “FastExpert” or “We” have the right, in our sole discretion, to modify, add, or remove any terms or conditions of this Agreement without giving individual notice to you, by posting the changes on the Site. Your continued use of the Site signifies your acceptance of any such changes.
1. Buyers and Sellers Terms of Service
In using our Services as a home buyer and/or home seller, you warrant and agree to the following terms and conditions:
a) By filling out our form online, you understand that you will be matched with real estate agents and allow our affiliates to contact you using the contact information you’ve provided on our sites and our affiliates sites. When you submit information to us for a real estate request, you authorize us to use and provide this information to make a match.
b) You understand that you will be contacted by multiple agents via phone, email, mail, text messages or other reasonable means. You hereby consent to any such calls even if your phone number is on any Do Not Call list. You are in no way obligated to use any of the agents we provide and that our service is free to you. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge including valid contact information.
c) By using this service, you understand and agree that the FastExpert is referral service and we will not be representing you as your real estate agent, broker or property manager. FastExpert does not broker transactions. By using our service, you may be contacted by various real estate agents, brokers, vendors, loan officers, escrow officers and other third parties.
d) You are of legal age and are otherwise capable of forming a legally binding contract.
e) You acknowledge that FastExpert makes no such representations, endorsements, recommendations and/or warranties of the products of any particular real estate professional. FastExpert has no direct affiliations to any real estate firms or brokers, and you agree that FastExpert 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.
f) You submit information about your specific request to be contacted by a Real Estate Agent to discuss your request and to possibly hire the Real Estate Agent to represent you. You understand that FastExpert does not refer or endorse any Real Estate Agent found directly or indirectly on our Site. It is your decision alone whether or not to work with a Real Estate Agent you found directly or indirectly through our Site and any arrangements subsequently made between you and any Real Estate Agent are strictly between you and such party and do not involve FastExpert in any way.
g) You understand that for our services we may receive payment (a referral fee) that may be a percentage of the commission received by the real estate professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on 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.
THIS WEBSITE IS an online marketplace that matches you, the real estate consumer, to Real Estate Agents who can provide services to meet your request and all of the materials and information on the Site are provided for informational purposes only. When you submit a request to find a Real Estate Agent to help you buy or sell real estate, we use the information you submitted to match you with the right Real Estate Agent who will best fulfill your request (“Services”). FastExpert.com does not broker transactions.
Nothing on the Site should be construed as business, financial or legal advice or used as a substitute for seeking proper business, financial and legal advice. Neither FastExpert nor any of its affiliates or licensors provides business, financial or legal advice.
Our Services are provided free of charge to individual home sellers and buyers. We strive to provide the latest, most up-to-date and accurate information. However, the information on the Site is not guaranteed to be correct, complete or up to date. The Site is not intended to, and does not, constitute or create a Real Estate Agent-client relationship between you and the Real Estate Agent, their partners, employees, agents or affiliates, or any other Real Estate Agent associated with the Site. Additionally, the mere receipt of an e-mail from or a “post” on the Site does not create a Real Estate Agent-client relationship. The applicable Real Estate Agent is solely responsible for providing its services to you, and you agree that FastExpert 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 (including, without limitation, claims based on malpractice). You agree that any claim arising out of your relationship with a Real Estate Agent found directly or indirectly through our Site shall be brought solely against such Real Estate Agent, and, as FastExpert is doing nothing more than assisting the Real Estate Agent to market their respective services, neither FastExpert nor any of its licensors or affiliates shall be included in any such claim.
3. Submission of Information
5. Modifications to the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. In the event of a modification or discontinuance, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site including without limitation messages and other communications. We will not be liable for any loss revenue, loss profit, loss opportunity or any claim for consequential damages and you agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Participation in the Site
By submitting information to, reading, participating, or otherwise using the Site, you agree that you will abide by the following rules:
• The Site may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity’s intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.
• You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).
• Unless you have our prior written consent, you will not post advertisements or promotional materials, solicit participants and/or visitors of the Site, reproduce, duplicate, copy, sell, re-sell or exploit for any commercial purposes, any portion of the Site or its Services, use of the Site or its Services, or access to the Site or its Services.
• You are prohibited from using any type of computer “worm,” “virus” or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the Site. If you do engage in such conduct, the resulting damage will be hard to quantify as a dollar amount and thus you hereby agree to pay us liquidated damages in the amount of $5,000 for each calendar day that the Site is damaged until the Site is completely repaired. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable site, (2) the time and money it will take to repair the Site and to address the concerns of visitors. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein.
• You are not permitted to collect or store personal data about other users.
• You are not permitted to access the Site for the purpose of data mining or extracting content from the Site beyond your personal end use.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
• You agree to not harm minors in any way.
• You shall not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by Federal and applicable State Real Estate authorities and any regulations having the force of law.
• In the event you submit information through the Site, you agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your participation in the Site and/or refuse any and all current or future use of the Site or its services (or any portion thereof).
• You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted by you and other users of our Site, are the sole responsibility of the person from which such content originated. This means that you, and not us, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit via the Site. We do not control all of the content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss revenue, loss profit, loss opportunity or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted via the Site.
• You acknowledge that we may or may not pre-screen content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to prescreen, refuse, or move any content that is available via the Site. Without limiting the foregoing, we and our designees shall have the right (but not the obligation) to remove any content that violates this Agreement or is otherwise objectionable.
7. Intellectual Property Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for the limited license contained in Paragraph 8 below, nothing in these Terms and Conditions grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Site and its content belong to us, or our licensers, as applicable. No part of the materials including graphics or logos, available on this Site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission. Except as expressly authorized by us, you further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, information on the Site or the software, in whole or in part.
8. Limited License; Permitted Uses
You are granted a non-exclusive, nontransferable, revocable license (1) to access and use the Site strictly in accordance with these Terms and Conditions; (2) to use the Site solely for internal, personal, noncommercial purposes; and (3) to print out discrete information and search results from the Site solely for internal, personal, noncommercial purposes and provided that you maintain all copyright and other notices contained therein.
9. Restrictions and Prohibitions on Use
10. No Solicitation
You shall not distribute on or through the Site or to any persons or entities identified via the Site any content or material containing solicitations or advertising of any kind without our express prior written permission.
You agree to indemnify and hold us, and our licensors, subsidiaries, affiliates, equity holders, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand made by any third party, including reasonable attorney’s fees due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of this agreement, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your FastExpert account or password, with your knowledge.
12. Errors and Corrections
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the Site at any time. In no event shall we be liable for any such errors or defects.
By using the Site, you do not acquire any rights to the Site other than the limited license to use the Site (as set forth in Paragraph 8 above) that can be terminated in accordance with this section. You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, non-payment, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related content information and files in your account and/or bar any further access to such files or the Site. Furthermore, you agree that we shall not be liable to you or any third-party for any loss revenue, loss profit, loss opportunity or any consequential damages of any kind relating to termination of your access to the Site.
14. Third-Party Content
Third-party content may appear on this Site or may be accessible via links from this Site. We shall not be responsible for and assume no liability for any mistakes, misstatements of facts, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by us nor does it reflect our beliefs.
15. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
16. Links to Other Websites
The Site may contain “hyperlinks” to websites neither owned nor controlled by us and we are not responsible for, and, unless otherwise noted specifically, make no representations or endorsements with respect to these sites or with respect to any service or product associated with these sites. By including these hyperlinks, we do not mean to state or imply that we sponsor, are affiliated with, or are legally authorized to use any trade name, registered trademark, service mark, logo, legal or official seal, or copyrighted symbol that may be reflected in the hyperlinks.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH A REAL ESTATE AGENT. NEITHER FASTEXPERT NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY REAL ESTATE AGENT, INCLUDING, WITHOUT LIMITATION, ANY REAL ESTATE AGENT’S ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT AND SERVICE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTEE IN ANY SERVICES ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFIT, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.
19. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF PARAGRAPHS 17 AND 18 MAY NOT APPLY TO YOU.
20. Entire Agreement
This Agreement constitutes the entire agreement between you and us and governs your use of the Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
21. Choice of Forum
Any disputes arising out or related to use of this Site, this Agreement and/or the relationship between you and us shall be submitted to arbitration in Chicago, Illinois carried out in accordance with the rules of the American Arbitration Association.
22. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
23. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, this Agreement and/or the relationship between you and us must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. Ethics Notice for Real Estate Agents
If you are a real estate salesperson, real estate broker or real estate brokerage, participating in any aspect of this Site, you acknowledge that rules of Agent conduct apply to all aspects of your participation and that you will abide by such rules. The rules include but are not limited to, the rules relating to confidentiality, advertising, solicitation of clients, unlicensed practice in real estate, and misrepresentations of fact. You agree to abide by all applicable Code of Ethics and Standards of Practice for your industry. We disclaim all responsibility for your compliance with these rules.
The section titles in this agreement are for convenience only and have no legal or contractual effect.