TOPTICK LLC: TERMS, CONDITIONS & USER AGREEMENT
These Terms & Conditions as well as the User Agreement (the “Terms”) constitute a contract enforceable under law. Your use of the Services means that you agree to these Terms included herein. Your continued use of the Services after any changes made to these Terms constitutes your acceptance of those new terms. These Terms include the provisions in this document and those in the Privacy Policy. These Terms apply to all users including Sellers, Selling Agents, Buyers, Buying Agents, other registered or unregistered users. Each Seller, Selling Agent, Buyer, Buying Agent is required to read, review and agree to these Terms.
By accessing the TopTick Site you (“you” or “User”) agree to accept and comply with the Terms. Your use of, and participation in, certain Services may be subject to additional terms and such additional terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use these certain Services. If the Terms of Use are inconsistent with any these additional terms, the additional terms shall control with respect to such inconsistency.
THE TERMS & CONDITIONS AND USER AGREEMENT OF TOPTICK.
Provided below are the details of the Terms & Conditions and the User Agreement for accessing and using TopTick. It is incumbent upon any User of TopTick to read these Terms in full as well as the definitions and disclosures that follow to access and / or use TopTick.
General Warranty Disclaimer.
TopTick makes no representations or warranties concerning the Services, including without limitation regarding any content, accuracy, copyright compliance, legality, or decency of material, or any claims, expenses, damages or liabilities arising out of use of the Services. TopTick makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services including, any Seller homes. . TopTick is only a facilitator of populating the Purchase and Sale Agreement and thus cannot make any warranties about the Properties listed on its Services.
TopTick Makes No Representations or Warranties Regarding Any Specific Property.
TopTick is only responsible for facilitating an optimized offer pool to connect Buyer(s) and Buying Agents, Seller(s) and Sellers’ Agents and subsequently provide a platform to aggregate all price bids submitted for a listed property in an open forum with limited transparency. Buyers are responsible for making their own determinations that the Seller’s home is suitable in all respects for their needs. TopTick cannot and will not be responsible for confirming that any home is up to a certain subjective or objective standard of quality, factually or legally. TopTick can’t and won’t be responsible for ensuring that information a Seller (or Seller’s Agent) provides about any Property he or she is placing on TopTick is accurate or up to date.
TopTick makes no warranties regarding the fitness of any particular Property that is on the site. In this regard, TopTick hereby disclaims any responsibility and liability for the Seller’s home, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code. TopTick cannot and will not be responsible for ensuring that information any Buyer or Seller provides about each other is accurate or up-to-date.
Term of Sales Period and Optimized Offer Pool.
The “Sales Period” is the time in which the Seller and Seller’s Agent as well as the Buyer and Buyer’s Agent have agreed to use TopTick's services in an attempt to obtain an acceptable offer from a Buyer. The “Optimized Offer Pool” refers to TopTick’s systematic aggregation of all bona fide offers submitted by Buyers and Buyers’ Agents. Parties’ Representations About Post-TopTick Transaction events and conditions are as follows:
TopTick cannot and will not control the parties’ conduct after offers to the optimized offer pool have ceased. TopTick is only responsible for connecting buyers and sellers and providing an open platform to aggregate, summarize, and present the input details of an offer and how those details compare to the defined parameters established solely by the Seller and / or the Seller’s Agent for a property listed on TopTick. Additionally, any rankings of submitted offers or details thereof do not constitute a recommendation to the Seller or Seller’s Agent. TopTick is not an agent for either the Buyer or the Seller; TopTick does not directly offer the Seller’s Property for sale; and TopTick (nor its officers, agents, employees, accountants, lawyers, successors, or assigns) is not a real estate agent as that term is defined under applicable state law. Any obligations for disclosures, warranties, etc. remain with the Seller and Seller’s Agent and do not transfer or extend to TopTick. Each Seller and Buyer agrees they’ll make all appropriate and reasonable efforts to complete the sale of their home if there is a Buyer who submits an offer and the offer details that are acceptable to the Seller. Buyer and Seller are responsible for any and all applicable government fees and taxes for any subsequent home sales.
Terms and Conditions Are Regularly Updated and Subject To Change.
TopTick reserves the right, at its sole discretion, to modify, discontinue, or terminate the site or services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. TopTick will also update the “Last Updated Date” as presented within these Terms. By continuing to access or use the site or services after we have posted a modification on the site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the site and services.
