FetchaBroker Broker/Agent Terms and Conditions

Brokers and Agents

FetchaBroker LLC is a licensed real estate company that provides licensed Agents and Brokers with Listing opportunities for a referral fee.
By using our services, you are agreeing to, and are subject to, the following terms and conditions as well as our privacy policy. If you do not fully agree to these terms, you are not authorized to access or use our products or services.

1.FetchaBroker is an opportunity. We are not a party in contracts between Agents/Brokers and consumers.

FetchaBroker is a service that offers an opportunity to sell the consumers’ properties. We are not a party to any sale or other agreement between you and the consumers. We do not guarantee the quality, condition, safety, or legality of the properties advertised. Each user is responsible to solely investigate the truth and accuracy of the properties listed.
As an Agent/Broker, you agree to abide by all laws, rules and regulations applicable to the services you provide and your use of our services offered, including, but not limited to these terms and conditions. You further agree to abide by all laws, rules and regulations applicable to conduct your real estate business, including, but not limited to any and all laws, rules, ordinances, regulations, or other requirements relating to taxes, credit cards, data and privacy, permits and license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair-housing laws, as applicable. FetchaBroker may have circumstances where we are legally obligated to provide information to third parties to comply with governmental bodies in relation to investigations, litigations, or administrative proceedings. FetchaBroker may determine, at our sole discretion, to comply with such requests. You agree to provide any information requested, to third parties, upon our request.

2.Term and Termination

This agreement shall commence on the effective date and shall continue until it is terminated by the Agent, Broker, or FetchaBroker. Agents and Brokers shall provide a written notice for termination. Upon such termination, the Agent/Brokers’ use of services will be discontinued and all active and pending offers will be cancelled. FetchaBroker reserves the right to terminate this agreement immediately with, or without cause with notice to the Agent or Broker.

3. Limited License to use the Product

Agents and Brokers are granted a limited, revocable, non-exclusive license to access the product and services solely for the purpose of offering real estate services to homeowners and accepting listing opportunities. Any use of the product that is not for this purpose or otherwise in accordance with the Terms is expressly prohibited.

4. Unauthorized Use

The license to use the product only extends to the uses expressly described herein. The license to use the product granted to users in these terms does not include any right of collection, aggregation, copying, scraping, duplication, display, or any derivative use of the product nor any right of use of data without our prior written permission.

5. Proprietary Rights and Downloading of Information from the Product

The service/ product provided by FetchaBroker and all of the content and information are protected by copyright, under applicable US and international copyright laws and database rights. You agree to abide by all copyright notices, information, restrictions and laws contained in, or relating to any content of the product. Copying, storing, or otherwise accessing the product for any purpose is expressly prohibited without written permission from FetchaBroker.

6.Confidentiality

Agents/ Brokers will maintain confidentiality of the Consumers’ information, whether provided by FetchaBroker or the Consumer.

7.Limitation of Liability

FetchaBroker, and its subsidies, employees, affiliates, officers, consultants, or directors, in no event, shall be liable for any lost profits, or any indirect, consequential, special, incidental, or punitive damages from, or based on our services, terms, or any breach of our terms. If you are dissatisfied with our services, you do not agree with any of our terms, or have any other dispute or claim against us, any third party provider, or any other user of this service, with respect to the product or terms, then your sole and exclusive remedy is to discontinue use of our service.

8.Disclaimer and Indemnification

This service, including all content, software, functions, materials and information available, or accessed through the product is provided “as is” to the fullest extent permissible by law. We make no warranties, or representations for the content, material, information and function of the service, and made available through the software and service, for any services or hypertext links to third parties for any breach of security associated with the transmission of sensitive information through the service, or any linked product. We do not warrant that functions of this service, or materials or content contained therein will be uninterrupted or error free, that the defects will be corrected, or that the service or the server is free from viruses or other components. You acknowledge that any transmission of information to and from this service is not confidential and your communications or user-contributed content may be read or intercepted by others. By submitting information to the service, you also acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and FetchaBroker, other than pursuant to these terms.

You acknowledge and agree that you will not hold FetchaBroker responsible, nor seek to hold the company, or any third party responsible for the content provided by any user, including, without limitation, any translation thereof, and you further acknowledge that we are not a party to any real estate transaction or other transactions between users of this service.

In the event that you have a dispute with one or more other users of the service, including, without limitation, any dispute between users regarding any transaction, or any user contributed content, or any third party provider or any third party web product that may be linked to or from or otherwise interact with the service, you hereby agree to release, remise, and forever discharge each member of the FetchaBroker company, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the service.

If you are a California resident, you waive California civil code Section 1542 which says “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You hereby agree to indemnify, defend, and hold each member of the FetchaBroker group harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the service or otherwise relating to the business we conduct on the service. This includes, without limitation, any potential and actual communication, transaction or dispute between you and any other user or third party, any content posted by you, on your behalf, or by other users of your account to the service, any use of any tool or service provided by a third party provider, any use of tools or services provided by a third party, or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorney fees and costs, you shall cooperate as fully as reasonably required in the defense of any claim.

9. Dispute Resolution

If a dispute arises out of or relates to this contract or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
If a controversy or claim arising out of or relating to this Agreement, or the breach thereof, cannot be resolved by negotiations or mediation, such controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Both parties agree that exclusive jurisdiction and locale for an arbitration proceeding shall be Rockingham County, New Hampshire. The Parties agree and understand that the arbitrator shall have all powers provided by law and by this Agreement. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of the arbitration fees, including the arbitrator’s fees and related administrative fees not otherwise attributable to a single party. Otherwise, each Party shall bear its own costs and expenses, including attorney’s fees, in connection with any arbitration or mediation proceeding.

General

This agreement shall be governed by New Hampshire law.
Agents/Brokers will be charged a monthly membership fee to stay active on the site. When the agent/Broker is chosen for a listing by a Seller, the card on file will be charged 1,000. This money will be sent to the homeowner at the end of the return period. The remaining fee (20%- 1,000.00) will be due at
closing. If the Agent/Broker’s commission is less than 1,000.00 at the end of the transaction, no additional money is due. After the 5 day refund policy, no credits or refunds will be issued, for any reason; including, but not limited to the home not being sold, any misrepresentation, any additional unforeseen costs. It is the responsibility of the Agents/Brokers to have required listing agreements executed within a timely manner, and perform all due diligence related to the sale and services. FetchaBroker does not guarantee the sale of any properties listed in the platform.

Within 10 days of closing of the transaction, Agent shall provide FetchaBroker with a closing statement or other applicable documentation detailing the transaction and mail the remainder of the referral fee to

FetchaBroker
C/O Androscoggin Bank
683 Minot Ave
Auburn, ME 04210

Agents and Brokers are not employees of FetchaBroker and there is no agency, partnership, relationship created by these terms or the use of FetchaBroker services. Agents and Brokers are independent contractors and are

FetchaBroker may change, suspend, or discontinue the service at any time without notice. We reserve the right to change these terms, at our sole discretion, in whole or in part, at any time.
FetchaBroker does not do background checks of the consumers. Agents and Brokers are encouraged to do their own due diligence for the validity of information provided and take safety precautions when meeting all Sellers.

Access to FetchaBroker services is “as is” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose.