Terms of Use
EFFECTIVE ON (7/19/2016)

ReferralExchange.com Terms of Use

Welcome to ReferralExchange.com. Flywheel Networks, Inc., doing business as ReferralExchange.com (“ReferralExchange.com”, “we”, “us” or “our”), governs your (“you”) use of this website, and supersedes any and all prior agreements, written or oral, between you and ReferralExchange.com regarding the subject matter of this website (including, without limitation, any prior versions of these Terms). Your use of our website is conditioned on your acceptance without modification of the terms, conditions and notices contained in these Terms of Use (“Terms”) and our Privacy Policy. By accessing, browsing, and using this website, 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 these Terms, do not use or access our website or any services. These Terms are subject to change at any time. We will update the date of the last update to this Agreement and your continued use of this website reflects your acceptances of any new terms or conditions. If there is a conflict between these Terms and the Privacy Policy, the Privacy Policy supersedes any conflicting terms in these Terms with respect to the subject matter covered by the Privacy Policy.

What Is ReferralExchange.com?

ReferralExchange.com is an online marketplace that finds and connects the home consumer to real estate professionals who match the home buyer’s or seller’s needs and compete for the home buyer’s or seller’s business. Our services are provided free of charge to individual home sellers and buyers. When home buyers or sellers submit a request to find an agent to help buy or sell their home, we use home buyer and seller preferences, choices, and interests as well as real estate professional qualifications to match home buyers and sellers with the right agent who will best serve the individual home buyer or seller’s needs in any desired location throughout the nation. ReferralExchange.com does not broker transactions. We are paid by matching home buyer and sellers with service professionals. The terms of any agreement between our participating lenders and real estate professionals and the home buyer or seller are not endorsed, recommended or otherwise known to or by ReferralExchange.com. We also offer certain services to real estate professionals, subject to the acceptance of the Agent Terms of Use. Our services offered to real estate professionals together with the services offered to home buyers and sellers are the “Services”.

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 and Other Intellectual Property Rights

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ReferralExchange.com, its affiliated companies or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of ReferralExchange.com and protected by U.S. and international copyright laws. All software used on this website is the property of ReferralExchange.com, its affiliated entities or its software suppliers and protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to ReferralExchange.com, or affiliated companies and/or third-party licensors. We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services. Except as expressly provided in these Terms, the provision of the Services and the furnishing of such web pages does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Personal and Non-Commercial Use Limitation

The content and Services provided on this website are 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 website. You may not modify, copy, reproduce, display, perform, create derivative works from, republish, upload, post, transmit, distribute, and/or exploit any intellectual property from this website or related Services in any way (including by e-mail or other electronic means) without our express prior written consent. You agree that you will not use this website or the Services for any purpose that is unlawful or contrary to these Terms. You may not use this website or Services in any manner that could damage, disable, overburden, or impair this website or the Services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with this website or the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website or the Services.

Responsibilities of Home Buyers & Sellers

In using our Services as a home buyer and/or home seller, you warrant and agree to:
  • You promise that all information you provide will be accurate, current and truthful to the best of your knowledge including valid contact information.
  • You are interested in loan and/or realty services such as buying and/or selling property.
  • 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 even if your phone number is on any Do Not Call list.
  • You are of legal age and are otherwise capable of forming a legally binding contract.
  • You acknowledge that ReferralExchange.com does not brokerage any loans or real estate services and is not an agent of you, or any participating lender or real estate professional.
  • You acknowledge that ReferralExchange.com makes no such representations, endorsements, recommendations and/or warranties of the products of any particular lender or real estate professional that may use the ReferralExchange.com Service as ReferralExchange.com has no direct affiliations to any other lending or real estate firms or agencies, and you agree that ReferralExchange.com 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.
  • You acknowledge that nothing on this website contains a binding offer, promise or otherwise, either to make a specific loan or that any participating lender or real estate professional will make any loan for any purpose or on any specific terms. Likewise, ReferralExchange.com does not guarantee that the loan terms or rates offered and made available by participating Lenders through this website are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
  • You are not obligated to accept any loan offer that is presented to you from our lenders or view any profiles of real estate professionals.
  • You acknowledge that posted ratings and reviews from users of our Services might not reflect the actual quality of service that you may receive from participating lenders and real estate professionals. ReferralExchange.com disclaims any liability arising from and the accuracy of any third party ratings and reviews.
  • You acknowledge that ReferralExchange.com does not review or verify the information, offers, profile, or promotions that are self-reported by our participating lenders and real estate professionals and ReferralExchange.com does not make representations or warrants that our participating lenders and real estate professionals are appropriately licensed, bankruptcy free, or carry any adequate and appropriate insurance at the time initial, presently, or thereafter the registration. You should independently use of all appropriate government, public, consumer and other agencies or sources to verify all matters.

Responsibilities of All Home Buyers and Sellers and Real Estate Professionals

You are solely responsible for all acts or omissions that occur under your account or password, including the accuracy and completeness of all content that you (or anyone using your account) submit, post or transmit through the Services. You agree not to use the Services 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 prospective home buyers or sellers for any purpose other than responding to the content posted by such home buyers or sellers;
  • 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 ReferralExchange.com website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to ReferralExchange.com; 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; (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; (e) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; (f) surveys that have not been approved or cleared by us; or (g) contests or games of chance.

Your Account, Password and Security

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.

Links to Third Parties

This website may contain links to websites maintained by third parties. Please be aware that these links are provided for your convenience and reference only. ReferralExchange.com does not operate or control in any respect any information, software, product or services available on such websites. ReferralExchange.com’s inclusion of a link to a website does not in any way imply an endorsement of the services or the website, its contents, or its sponsoring organization.

No Warranties

WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. USE OF REFERRALEXCHANGE.COM’S SERVICES IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, 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 WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE 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 THROUGH THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE BY THE USE OF THIS WEBSITE OR SERVICES WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REFERRALEXCHANGE.COM, ITS AFFILIATED COMPANIES 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 WEBSITE OR SERVICES. 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 REFERRALEXCHANGE.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATED COMPANIES AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, 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 WEBSITE OR WITH ANY DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL REFERRALEXCHANGE.COM BE LIABLE FOR ANY AMOUNT GREATER THAN $100.

Indemnity

You agree to defend, indemnify and hold us and (as applicable) our officers, directors, agents, and employees and/or our suppliers, participating lenders, and real estate professionals, 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 incorporates by reference, or your violation of any law or the rights of a third party.

Dispute Resolution

You agree to defend, indemnify and hold us and (as applicable) our officers, directors, agents, and employees and/or our suppliers, participating lenders, and real estate professionals, 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 incorporates by reference, or your violation of any law or the rights of a third party.

Termination

We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the website, with or without notice, for any reason or no reason.

General

This agreement is governed by the laws of the State of California, USA, and controlling U.S. federal law. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Contra Costa 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 ReferralExchange.com as a result of this agreement or use of this website. ReferralExchange.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ReferralExchange.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 ReferralExchange.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 ReferralExchange.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 ReferralExchange.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. Effective Date: November 28th, 2012 Previous Modification: February 4, 2015