Last Updated: May 11, 2020
Real Rank Inc. (“Real Rank,” “we,” “us,” “our” or the “Company”) offers a service to the public and to real estate brokers and agents (“brokers and agents”) that gives the public an opportunity to rank the performance of their brokers and agents and gives the brokers and agents an opportunity, by review of their rankings, to continuously improve. The ranking process involves a combination of a comparative assessment and a narrative assessment. Real Rank creates the forum for this process, but does not offer its own views or reviews concerning the performance of any brokers or agents.
Real Rank may modify this TOU or add or remove terms at any time, and each such modification, addition or deletion will be effective immediately upon posting on the Site. Your use of the Site or the Services following any such posted modification, addition or deletion constitutes your agreement to be bound by and your acceptance of the TOU as so modified. It is therefore important that you review the TOU regularly. If you do not agree to be bound by all the terms of the modified TOU, you are not authorized to access the Site and/or use the Services, and you must immediately discontinue doing so.
As use in the TOU, the terms “you” and “your” mean each individual or entity that accesses, browses or uses the Services in any manner. If you are accessing the Site and/or using the Services on behalf of an entity, you represent and warrant to Real Rank that you personally satisfy the eligibility criteria in Paragraph 2 below and you have the authority to bind the business to the TOU. Your agreement to these terms will be treated as the agreement of the entity you represent and if it turns out that you do not have the capacity to represent the entity, it is you personally who will be bound to these terms.
The Services, features, content, or applications that may be offered from time to time by Real Rank in connection with the Site and/or Real Rank’s business are collectively referred to as the “Services”.
You may only use the Site and the Services if you are at least 19 years of age. If you are under the age of 19 or under the age of majority in the jurisdiction in which you are located, you may only use the Site and the Services under the supervision of a parent or legal guardian. You may not use the Site if you are under 16 years of age. Real Rank reserves the right to require you to provide Real Rank with proof of your age and, if applicable, approval of your use of the Site and the Services by your parent/legal guardian. Real Rank may terminate your access to and use of the Site and the Services without warning if it determines that you do not meet the foregoing eligibility requirements.
In addition to the eligibility requirements in the TOU, your use of certain Services may be subject to eligibility requirements set forth in the Additional Terms, as described in Paragraph 14.
3. Prohibited Content/Conduct
As a condition of your access to the Site and use of the Services, you are prohibited from (i) posting, uploading, exhibiting, communicating or distributing content which violates any applicable laws, rules or regulations or which Real Rank, in its sole and absolute discretion, deems to be inappropriate and (ii) engaging in conduct which violates any applicable laws, rules or regulations or which Real Rank, in its sole and absolute discretion, deems to be inappropriate. Examples of such prohibited content and prohibited conduct include, without limitation, the following:
- Posting, uploading or transmitting any content that violates any privacy right, publicity right, patent, trade mark, trade secret, copyright or other proprietary right, or contract right or other right of any party;
- Posting, uploading or transmitting any content that the user knows is untrue, misleading or incorrect or that constitutes a deliberate misrepresentation upon which the user intends third parties to rely;
- Posting, uploading or transmitting any content or engaging in any conduct that is offensive, harmful, threatening, abusive, harassing, defamatory, libelous, or obscene or that is unlawful in any manner or that degrades, intimidates, promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual, including, without limitation, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Posting, uploading or transmitting any content that is pornographic or that exploits people (adults or children) in a sexual or violent manner; or contains nudity, excessive violence, or offensive subject matter or that contains a link to any of the foregoing types of content or to an adult website or in any way using the Site or the Services in connection with any adult entertainment or pornography business;
- Copying, reproducing, modifying (including, without limitation, altering, obscuring, deleting, etc. any copyright or other legally required notices, credits, logos, trade marks, etc.), creating derivative works from, or distributing in any manner or medium any content posted on the Site or through the Services in any manner which is in violation of the terms of the TOU or other applicable agreements;
- Impersonating any person or entity, or submitting any materials to the Site or through the Services that are false, inaccurate, deceptive, misleading, unlawful, or are otherwise in violation of the TOU, including, without limitation, utilizing misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any content transmitted to the Site or through the Services;
- Except as explicitly permitted by the TOU and Additional Terms, or otherwise pre-approved in writing by Real Rank, engaging in any commercial activity on the Site or including any links to commercial Services or websites or uploading, posting or otherwise transmitting any content that contains advertising or any solicitation regarding products, goods or Services;
- Interfering with any user’s right to privacy; soliciting or collecting user names, passwords, emails, personal identifying information or other information from any user; engaging in conduct that poses or creates a privacy or security risk to any person; or posting personal information about a third party;
- Engaging in conduct that involves the posting, uploading or transmission of unsolicited or unauthorized advertising or promotional materials, “junk mail,” “chain letters,” unsolicited mass mailing, “spimming,” or “spamming”;
- Engaging in any action or inaction that could disable, overload, impair the infrastructure of the Site or impair the proper functioning of the Services, including, without limitation, uploading, posting or otherwise transmitting any software or materials which contain a virus or other harmful or disruptive component; circumventing, altering or interfering with any computer software, or security-related features of the Site or the Services; or deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way utilized in connection with the Site or the Services;
- Accessing or attempting to access the Site or the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) or gaining, or attempting to gain, unauthorized access to any servers, computer systems or databases utilized in connection with the Site or the Services;
- Using the communication systems provided by the Site for any solicitation or other commercial purposes, unless otherwise authorized by Real Rank, or Real Rank and the specific user, as applicable;
- Uploading, posting or transmitting any content that advocates or provides instruction on illegal activity or communicating on or through the Site regarding illegal activities with the intent to commit them;
- Engaging in any conduct that in Real Rank’s sole discretion restricts or inhibits any other user from enjoying the use of the Site or any of the Service.
- With regards to engaging in misrepresentation or misinformation:
- Agents adding additional geo-farming cities must be able to provide corroboration that they have completed 5 sales in the past 12 months in those cities listed if audited. Proof can be in the form of: active listings, past sale transactions, MLS reports, and membership to a specific real estate board.
4. Proprietary Content
4.1 Real Rank Proprietary Content
The Site and the Services are and contain proprietary content of Real Rank/Rank My Agent (such as logos, copyrights, trade marks, technology, processes, etc.) (“Real Rank/ Rank My Agent Proprietary Content”) which may be protected by copyright, trademark, patent, trade secret and other laws. Real Rank owns and retains all rights in and to the Real Rank/Rank My Agent Proprietary Content. The name “Rank My Agent” and the Rank My Agent logo are trade marks of Real Rank. Except as explicitly permitted in the TOU or any Additional Terms, you do not have the right to use the Real Rank/Rank My Agent Proprietary Content for any commercial use or to receive any monetary or other compensation in connection with the Real Rank/Rank My Agent Proprietary Content. The only use to which a broker or agent may put the Real Rank/Rank My Agent Proprietary Content is to link to such content using hyperlinks in the broker’s or agent’s own on-line materials. Except as expressly provided by the TOU, your use of the Real Rank/Rank My Agent Proprietary Content is strictly prohibited.
4.2 Third Party Proprietary Content
The Services may contain proprietary content provided by third party Real Rank licensors (such as logos, copyrights, trade marks, etc.) (“Third Party Proprietary Content”). You do not have the right to use the Third Party Proprietary Content for any commercial use or to receive any monetary or other compensation by exploiting the Third Party Proprietary Content. Except as expressly provided by the TOU, your use of the Third Party Proprietary Content is strictly prohibited.
4.3 Use of Proprietary Content
Unless expressly provided by the TOU or the Additional Terms, you may not copy, modify, edit, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Real Rank/Rank My Agent Proprietary Content, any Third Party Proprietary Content or any other content appearing on or through the Real Rank/Rank My Agent Services. You acknowledge that Real Rank is not responsible for, does not control and makes no representation or warranty regarding the reliability, accuracy, usefulness, safety, legitimacy or quality of any content. Real Rank does not endorse any content on the Site or any statement, opinion, suggestion or advice contained therein, and Real Rank expressly disclaims any and all liability in connection therewith. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of any content on the Site. You further understand and agree that in the course of your use of the Site and the Services, you may be exposed to content on the Site that is illegal, inaccurate, offensive, indecent or objectionable and you hereby waive, any legal or equitable rights or remedies you have or may have against Real Rank with respect thereto.
5. Protecting Intellectual Property
Real Rank specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Site or the Services any material that infringes any copyright, patent, trade mark, trade secret or other proprietary rights of any person or entity. It is Real Rank’s policy to terminate, under appropriate circumstances, the account of any user who is determined to be a repeat infringer.
5.2 Notification of Infringement or Misappropriation
If you are a copyright owner and believe that any content made available via the Site infringes upon or misappropriates your copyright or other intellectual property right or contains any defamatory information about you or another person or entity, you may submit a notification to Real Rank by providing Real Rank with the following information in writing: (a) identification of the right or rights claimed to have been infringed or misappropriated or the nature of the defamatory information posted; (b) identification of the claimed infringing or misappropriated or defamatory material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit Real Rank to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized or that it is defamatory; (e) a statement by you that the above information in your notification is accurate and that you are the owner of the infringed or misappropriated right or that you have good reason to know that the alleged defamatory information is defamatory; and (f) your physical or electronic signature. The contact information for notifications of claimed infringement or misappropriation is: Real Rank Inc., 1 Yonge Street, Suite 1801, Toronto, Ont. M5E 1W7, email@example.com
If you feel that any of your content was improperly removed or made unavailable to other users, please contact Real Rank via the contact information set forth above, providing details similar to the details set out in 5.2 above.
6. Links to Third Party Sites
The Site and Services may contain links to independent third-party websites and/or Services (collectively, “Linked Sites”). The Linked Sites are not under Real Rank’s control, and Real Rank does not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or Services displayed, featured, mentioned, advertised, distributed or sold on or through such Linked Sites. By accessing a Linked Site, you may be disclosing your personal information and be exposing yourself to content that you find disturbing. It is your responsibility to read and understand the privacy, membership, payment and other policies of the Linked Sites and to determine on your own whether or not you will have any interaction with any of the Linked Sites. Real Rank encourages you not to provide any personal information to any Linked Site unless you know and are comfortable with the party with whom you are interacting. You agree that Real Rank is not responsible for and shall have no liability to you, with respect to merchandise, products, and/or Services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the Site or the Services.
7. Submitted Ideas/Feedback
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered by you through the Site and the Services or in response to solicitations made through the Site or the Services (collectively, “Feedback”) is entirely voluntary and shall be deemed to be non-confidential and shall forever remain the sole property of Real Rank. You understand and acknowledge that Real Rank has both internal and external resources which may have developed, or may in the future develop, ideas, content, programming, etc. identical to or similar to your Feedback and you agree that Real Rank will not incur any obligation or liability to you or otherwise as a result of (i) any such similarities or (ii) Home and Condo’s review of any of the Feedback. Real Rank shall exclusively own, worldwide and in perpetuity, all rights of every kind and nature (whether currently existing or hereafter developed) in and to the Feedback and Real Rank shall be entitled to unrestricted use of the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation and/or submission to Real Rank of the Feedback. You hereby waive any and all your moral rights or droit moral and similar rights with respect to the Feedback.
9. Disclaimer; Exclusion of Warranties.
Real Rank provides its users with a selection of Services, tools and resources with the goal of adding an effective, informative step into the process of selecting brokers and agents. Real Rank is not an employment agency or a certification body. Real Rank does not endorse any third parties, or third party content, including, without limitation, broker or agent searches or other opportunities, posted on or through the Site or as part of the Services obtained by users. Real Rank merely serves as a venue and forum for certain interactions between members of the public and brokers and agents. Real Rank is not involved in the actual transactions between members of the public and brokers and agents. REAL RANK SHALL NOT BE RESPONSIBLE FOR ANY ENGAGEMENTS OR OTHER DECISIONS MADE BY ANY INDIVIDUAL OR ENTITY IN CONNECTION WITH ANY OPPORTUNITY OR INFORMATION POSTED ON OR THROUGH THE SITE OR SERVICES.
The Site and the Services, and all the content, information, feedback and materials posted on or provided by or through the Site or Services are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including without limitation, any warranty of merchantable quality, accuracy, conformity with description or fitness for a particular purpose. By using the Site and/or the Services, you agree to use your own judgment, caution and common sense in managing all content, information, feedback and materials offered and you agree that any use you make of such content, information, feedback or materials is at your own risk. YOU ACKNOWLEDGE THAT REAL RANK DOES NOT EVALUATE OR GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR THE CONTENT, INFORMATION, FEEDBACK AND MATERIALS AND FOR THE SERVICES GIVEN THROUGH THE SITE OR OTHERWISE AS PART OF THE SERVICES. REAL RANK IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON ANY OF THE FOREGOING CONTENT, INFORMATION, FEEDBACK OR MATERIALS OR ANY OF THE SERVICES.
Real Rank is not responsible for and makes no warranties, express or implied, as to any user or third-party content posted on, through or in connection with the Site or the Services, including, without limitation, any content that is unauthorized or violates the TOU or the additional terms, and such content does not necessarily reflect the opinions or policies of Real Rank. UNDER NO CIRCUMSTANCES SHALL REAL RANK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES (WHETHER SUCH CONTENT VIOLATES THE TOU OR ADDITIONAL TERMS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR FROM THE CONDUCT OF ANY USER OF THE SITE OR THE SERVICES OR ANY USER OF ANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TOU OR ADDITIONAL TERMS, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE).
Real Rank assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of your communications on or through the Site. Real Rank is not responsible for any malfunction or other problem with any telephone network, telephone lines, computer online systems, servers, internet service providers, computer equipment, software, or failure of any email or players, including, without limitation, any personal injury or property damage.
Real Rank does not guarantee any results (specific or otherwise) from your use of the Site or the Services and Real Rank makes no representation or warranty that the Site, the Services or the information or Services provided thereby will meet your requirements. If you are in any way dissatisfied with the Site or the Services, your sole remedy is to discontinue your use of the Site and/or the Services.
Real Rank disclaims any and all liability of any kind for any unauthorized access to or use of any of your personal information. By accessing the Site, you agree that Real Rank shall not be liable for any unauthorized access to or use of any of your personal information.
10. Limitation on Liability.
In no event shall Real Rank, its affiliates, licensors, sponsors, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever (including without limitation, loss of profits, data, use, good-will, or other intangible losses) resulting from any (i) errors, mistakes, or inaccuracies of content displayed on the Site or through the Site or the Services, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of (or your inability to access and use) the Site or the Services, including, without limitation, any damage caused to your computer or software or information stored thereon, (iii) any conduct or content of any third party obtained on or through the Site or the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties, (iv) any unauthorized access to or use of Real Rank’s servers and/or any and all personal and/or other information stored therein, (v) any interruption or cessation of transmission to or from the Site or through the Site or any of the Services, (vi) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site or the Services by any third party, (vii) unauthorized access, use or alteration of your transmissions or content, (viii) emails or other transmissions or communications made to you through the Site or the Services and/or (ix) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content or Services posted, emailed, transmitted, or otherwise made available via the Site or the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Real Rank is advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
REAL RANK’S MAXIMUM LIABILITY TO YOU FOR ANY BREACH OF WARRANTY OR OTHER CAUSE OR BREACH IN OR OF THIS AGREEMENT UNDER ANY LEGAL THEORY IS THE SUM OF TEN ($10.00) DOLLARS OF LAWFUL MONEY OF CANADA.
11. Governing Law; Disputes.
12.1 Governing Law.
12.2 Disputes With Other Users.
You are solely responsible for your interactions with users of the Site and the Services, and any other parties with whom you interact on or through the Site, the Services and/or the Linked Sites. Real Rank reserves the right, but has no obligation, to become involved in any way with these disputes.
12.3 Disputes Resolution.
You and Real Rank agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, to resolve any dispute arising out of the TOU or your access to or use of the Site or the Services. Each of you and Real Rank hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this TOU. You hereby knowingly, voluntarily and intentionally waives any right you may have to become a plaintiff or a member of a class in any class action litigation against Real Rank (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this TOU. Further, each of you and Real Rank hereby certifies that no representative or agent of the other has represented, expressly or otherwise, that the other would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of you and Real Rank acknowledges that this section is a material inducement for each of you and Real Rank, respectively, to enter into and be bound by this TOU.
You agree to indemnify, defend and hold harmless Real Rank, its subsidiaries, affiliates, licensors and assignees and their respective officers, directors, managers, agents, partners and employees, from and against any and all losses, liabilities, claims, damages and demands, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of (i) your access to and/or use of the Site and the Services, including, without limitation, any content, Services and/or products offered thereby or in connection therewith; (ii) a violation or breach by you, or any user of your account, of any terms of the TOU or of any Additional Terms, including, without limitation, a breach of any of the representations, warranties or agreements set forth in the TOU and the Additional Terms (including, without limitation, a violation of any third party right, including without limitation any copyright, property, or privacy right); and/or (iii) any content that you post on or through the Site or Services, including, without limitation, any claim that your content, in whole or in part, caused damage to a third party. This defense and indemnification obligation will survive following the termination of your use of the Site and the Services.
14. Additional Terms
15. Other Terms
Real Rank has the right to assign the TOU and/or its rights hereunder, in whole or in part, to any third party. You do not have the right to assign the TOU or assign or share your rights of access to the Site. The failure of Real Rank to exercise or enforce any right or provision of the TOU shall not operate as a waiver by Real Rank of such right or provision. The section titles in the TOU are for convenience only and have no legal or contractual effect. The TOU operates to the fullest extent permissible by law. If any provision of the TOU is held by a court or other tribunal of competent jurisdiction to be unlawful, void or unenforceable, such provision (i) is deemed severable from the TOU and does not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect and (ii) shall be limited or eliminated to the minimum extent necessary to comply with the applicable law. Real Rank reserves all rights in and to the Site, including the Services and the other content posted thereon, unless otherwise expressly provided by this TOU. Real Rank reserves the right to modify or discontinue any aspect of the Services at any time without prior notice and without any liability to you.
16. Reporting of Violations.
If you become aware of any misuse of the Site or the Services or any violation of the TOU, please report such misuse and/or violation by sending an email to Real Rank at firstname.lastname@example.org
17. Purchases on the Site
Real Rank Inc. does not collect any financial data. Purchases on the site are being processed through Stripe.
18. Cancellations on Membership Plans
Membership plans are monthly or annually and can be cancelled at any time by either you or RankMyAgent.com.These memberships automatically renew upon the next billing date. You may cancel your membership plan by e-mailing us at email@example.com and telling us you want to cancel. All cancellations must be made before next payment due date. No refunds shall be issued for days remaining in a monthly or annual membership between the time of cancellation and the end of the current monthly/annual plan. If you have any questions or concerns, contact us by e-mail at firstname.lastname@example.org or toll free at 1-800-615-5978, Monday - Friday 9-3 pm MST.