ReferralSoup.com Terms of Use

Welcome to ReferralSoup.com. Browser, Inc., doing business as ReferralSoup.com (“ReferralSoup.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 ReferralSoup.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. may update these Terms and Conditions at any time and without notice. The latest version of the Terms and Conditions is available on the Website and Your use of the Website or Services is conditioned upon Your acceptance of the latest version of this Agreement accessible on the Website at the time of Your use.

What Is ReferralSoup.com?

ReferralSoup.com is an online directory that connects real estate professionals with other real estate professionals. A real estate professional submits a search request to solicit another real estate professional in any desired location throughout the United States for the sole purpose of assisting a home buyer or home seller and potentially collecting a referral fee. ReferralSoup.com does not broker transactions. We are compensated from time to time by advertisers and through affiliate relationships with sponsors. The terms of any agreement between our participating real estate professionals, their Broker and the home buyer or seller are not endorsed, recommended or otherwise known to or by ReferralSoup.com. 

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. From time to time, we may contact you directly by phone, email or text message for the purpose of customer service and special offers. By subscribing you agree to these communications and may opt out at any time by contacting us directly.

USE AND OWNERSHIP OF TRANSACTION DATA. You agree that any data submitted or processed through this Service will be captured by ReferralSoup.com will not publish, use or resell any personally identifying information other than for the purpose of providing the referral information between real estate professionals. 

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 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 Real Estate Professionals

In using our Services as a real estate professional, 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 expressly consent to being contacted by us 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 agree to receive text/SMS notifications for the purpose of notifying you of a new referral lead, and occasionally to provide update notifications of our website, services offered or changes in our Terms and Conditions. 
• You are of legal age and are otherwise capable of forming a legally binding contract.
• You acknowledge that ReferralSoup.com is not an agent of you, or any real estate professional.
• You acknowledge that ReferralSoup.com makes no such representations, endorsements, recommendations and/or warranties of the real estate professional that may use the ReferralSoup.com Service. You agree that ReferralSoup.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 are not obligated to accept any referral offer that is presented to you from any of the real estate professionals subscribed to our Service.
• 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 real estate professionals subscribed to our Service. ReferralSoup.com disclaims any liability arising from and the accuracy of any third party ratings and reviews.
• You acknowledge that ReferralSoup.com does not review or verify the information, offers, profile, or promotions that posted by real estate professionals and ReferralSoup.com does not make representations or warrants that our participating  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.

Additional Responsibilities of all 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 ReferralSoup.com website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to ReferralSoup.com; and
• upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, 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

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. From time to time we may include links to promotions where Referral Soup may receive compensation. ReferralSoup.com does not operate or control in any respect any information, software, product or services available on such websites. ReferralSoup.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 REFERRALSOUP.COM’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 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, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REFERRALSOUP.COM, ITS AFFILIATED COMPANIES AND/OR ITS SUPPLIERS, 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 REFERRALSOUP.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATED COMPANIES 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 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 REFERRALSOUP.COM BE LIABLE FOR ANY AMOUNT GREATER THAN THE PRICE OF THE MEMBERSHIP. 

Indemnity

You agree to defend, indemnify and hold us and (as applicable) our officers, directors, agents, and employees and/or our suppliers, 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, 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. Any refund (if applicable), will be prorated and shall not exceed the amount initially paid by the subscriber.

Arbitration

Notice of any claim requiring arbitration shall be submitted to the American Arbitration Association and one arbitrator shall be chosen in accordance with AAA’s standard procedures. The parties agree that for any matter requiring judicial intervention jurisdiction and venue will be the State and Federal courts of Wasatch County, Utah. All claims or causes of action related to this Agreement or the Services must be brought within one year of such the initial event that gave rise to such claim or cause of action, or the same will be barred, cannot be brought or enforced against ReferralSoup and of no further force and effect. This agreement is governed by the laws of the State of Utah, 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. 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.

Notices

All notices to ReferralSoup.com must be in writing and must be sent via registered mail, certified mail, or overnight mail with a return receipt requested to Founder at ReferralSoup.com. Address is listed on the Website.

Third Party Disclaimer

All product and company names and logos are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ReferralSoup.com as a result of this agreement or use of this website. ReferralSoup.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ReferralSoup.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 ReferralSoup.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 ReferralSoup.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 ReferralSoup.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. Updated: April 24, 2023.