Comprehensive Terms of use
Effective Date: March 10, 2025
General
Surf Local, Inc., its assumed names including “Surf Local X” and “Surf Local Agent”, and its corporate affiliates (collectively, “Surf Local”) provide an integrated platform consisting of websites, mobile applications, and services designed to streamline real estate transactions and empower users in their property-related decisions. Surf Local operates a family of Web sites (including mobile-optimized Web sites), associated Web pages, associated mobile apps, and other applications, linking to or bearing these Terms of Use and operated by or on behalf of Surf Local (collectively, the "Surf Local Network"). Any reference to “we” or “us” herein shall also refer to Surf Local. Any person accessing or using the Surf Local Network is referred to as “you.”
Acceptance of Terms
By accessing or using any part of the Surf Local Network or the services provided on it or other Web sites, Web pages or other applications as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Surf Local from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Surf Local and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Surf Local Network.
Additional terms may govern use of certain Web sites applications, or other parts of the Surf Local Network. In the event that any provision, term or guideline contained on a particular Web site or other part of the Surf Local Network conflicts with the Terms of Use, the terms of such Web site or other part of the Surf Local Network shall control over the Terms of Use.
Any modifications to these Terms of Use will become effective 30 days after the earliest of: (a) modifications being posted on the Surf Local Network; (b) Surf Local’s transmission of a message to you via email or otherwise about the modifications; or (c) you are otherwise notified by a message when you are logged into your account. Your use of the Surf Local Network after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Surf Local Network.
Eligibility; Accounts and Registration
You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account and agree to a product’s terms, to the extent applicable to that service, which may be incorporated herein or available on a separate Surf Local Network site. When you register for an account, you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. You further agree that by registering, you confirm that your use complies with applicable laws and regulations. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account credentials (including your account username and password), and you are responsible for all activities conducted in your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf. Surf Local is not liable for unauthorized access due to your failure to secure your credentials.
Use of the Services; Restrictions
Use of the Services
As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, non-transferable license to access and use the Surf Local Network for personal or professional real estate purposes (subject to these Terms of Use), and to download and use any App (as defined below) on your mobile device in object code form, for your personal use.
If you are a real estate professional acting in your professional capacity (including brokers associate brokers real estate salespersons, and real estate agents) (a “Real Estate Professional”), you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. More detailed provisions regarding the use of the Surf Local Network by Real Estate Professionals are discussed and set forth below in these Terms of Use.
Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, duplicate, replicate, distribute, modify, amend, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services.
Mobile Applications.
Terms
If you will be using the Surf Local Network via our application for mobile devices (“App”), then subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable license to download and install copies of the App on mobile devices or computers that you own or control and run such copies of the App solely for your own personal use. We reserve all rights in the App not expressly granted to you by these Terms of Service.
To use any mobile App feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You should review permissions and settings on your mobile device(s) periodically and update them as needed.
You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open-source software included in an App is subject to the applicable open-source license and may be available directly from the creator under an open-source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open-source license.
Apple Apps
With respect to any App accessed through or downloaded from the Apple App Store (“App Store Sourced App”), you will only use the App Store Sourced App (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Services Store Terms and Conditions. The following terms apply to any App Store Sourced App:
Android Apps
With respect to any App accessed through or downloaded from the Google Play Store (“Android Sourced App”), you will only use the Android Sourced App (i) on a product that runs Android (Google’s proprietary operating system software); and (ii) as permitted by the requirements set forth in the Google Play Terms of Service. The following terms apply to any Android Sourced App:
If the Services are made available to you through any other third-party application that is not subject to the terms addressed in this section, you must comply with the applicable terms and usage rules required by that application’s owner.
Use of Services
Users are granted a non-transferable, personal license to use the services. Real estate professionals may use the platform to provide information to clients, provided they have obtained necessary authorizations. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use or Pro Use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, the aggregate level data provided on the Surf Local Network (the “Aggregate Data”) may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), only so long as Surf Local is cited as a source on every page where the Aggregate Data are displayed, including “Data Provided by Surf Local.” Such citation may not include any of our logos without our prior written approval or imply any relationship between you and Surf Local beyond that Surf Local is the source of the Aggregate Data. You are prohibited from displaying any other Surf Local data without our prior written approval.
Prohibited Use
By using the Services, you agree not to:
Fees for Users (Non-Real Estate Professionals)
Generally
You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to 7 you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscriptions
The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. We reserve the right to increase or otherwise modify fees for the Subscription Service or renewals of such service at any time via posts or emails while using the Services. All Subscription Fees renew automatically unless canceled before the renewal date. Unless otherwise stated in your product’s terms, you may cancel a Subscription Service through the settings page in your account, by contacting us at [ [email protected] ] , or, if applicable by contacting your business consultant.
Subscription Fees and Taxes for Real Estate Professionals
In connection with the use of the Surf Local Network, Surf Local also charges Subscription Fees for Real Estate Professionals. Real Estate Professionals can pay non-refundable Subscription Fees to Surf Local in order to receive certain services on the Surf Local Network. In order to use Surf Local, you must have at least one valid payment method stored on file. All Subscription Fees renew automatically unless canceled before the renewal date.
Surf Local may enable you to make Subscription Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.
Payment Methods
For ordinary charges from Real Estate Professionals, Surf Local will first attempt to charge the default payment method. In the event that Surf Local is unable to charge that payment method for any reason--including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect--you agree that Surf Local may charge any other payment method associated with your account and take any other action to collect payment from you. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Real Estate Agency Services. If Surf Local is unable to charge the default payment method, Surf Local may attempt to charge any other payment methods associated with your account in any order.
Real Estate Professionals may also pay their Subscription Fees through our payment processing partner Stripe. By agreeing to these terms or continuing to operate as a Real Estate Professional on the Surf Local Network, you hereby appoint Surf Local to act as your agent for the limited purpose of facilitating and receiving Subscription Payments on your behalf through Stripe as contemplated herein.
You agree to pay all applicable Subscription Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a fee. If you do not pay on time or if Surf Local cannot charge a payment method for any reason, Surf Local reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Subscription Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your account.
You explicitly agree that all communication in relation to delinquent accounts or Subscription Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Surf Local or by anyone on our behalf, including but not limited to a third-party collection agent. If you cancel your account at any time, you will not receive any refund. If you have a balance due on your account, you agree that Surf Local may charge such unpaid Subscription Fees to any payment method or otherwise bill you for such unpaid Subscription Fees.
All Users must maintain a valid payment method on file at all times. Any disputes must be raised within 30 days of the applicable transaction. Surf Local reserves the right to suspend or terminate Services for unpaid accounts. Late payments may incur additional fees and collection costs.
Taxes
Payments required by these Terms of Use may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Real Estate Agency Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Real Estate Agency Services. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Real Estate Professionals or consumers.
Surf Local does not offer any professional services directly or indirectly unless specified in a separate contract to which Surf Local is a direct party. Any time a Consumer pays for or books Real Estate Agency Services on the Surf Local Network or receives a quote in connection with Real Estate Agency Services, such Consumer is contracting directly with the Real Estate Professional offering such Real Estate Professional Services. Notwithstanding any facilitation of booking or payment, you understand and agree that Surf Local (i) does not sell, offer, provide or subcontract any Professional Real Estate Services and (ii) is not liable in any way for any Real Estate Professional Services.
We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please contact your bank for more information about the policies and procedures that apply unauthorized transactions and the limits on your liability.
Surf Local may, from time to time, place a hold on any of your payment methods in order to prevent failed payments.
Invitations and Consumer Engagement on the Surf Local Network for Real Estate Professionals
If you are a Real Estate Professional, then by uploading your client list, individual client information, or prospective client information, or by inviting a client or prospective client to the Surf Local Network, you acknowledge and agree that If an invited party downloads and uses the App, they will gain access to Surf Local Network features that allow them to communicate directly with you, the “inviting agent”; and explore and engage with other agents, service providers, Real Estate Professionals, or resources available on the Surf Local Network.
Machine Learning and Insights
Surf Local utilizes machine learning to provide enhanced functionality for both consumers and agents by analyzing consumer preferences and actions to deliver personalized recommendations and insights that assist consumers in making informed decisions aligned with their personal and financial goals; and generating data-driven insights to help agents and other Real Estate Professionals to better understand consumer needs, optimize their interactions, and convert contacts into clients or transactions.
Consumer Autonomy in a Transparent Ecosystem
By inviting a consumer to the Surf Local Network, you acknowledge that the Surf Local Network is designed to empower consumers by enabling them to interact with you and other agents Real Estate Professionals, or service providers of their choice; and providing tailored insights and recommendations based on their preferences and actions, which may result in discovering other agents or resources that align with their needs.
Surf Local fosters a dynamic and transparent marketplace where consumer preferences and actions create opportunities for engagement with agents and service providers. The Surf Local Network supports informed decision-making and fair competition.
Data Responsibility and Compliance
By uploading or inviting clients or prospective clients, you represent and warrant that you have obtained all necessary permissions to share their information on the Surf Local Network; and you will comply with all applicable privacy and data protection laws.
User Materials
User Generated Content (UGC) Definition; License Grant
Certain portions of the Services may allow users to upload or otherwise provide Surf Local images, photos, video, data, text, listings, and other content (“User Materials”). Absent any additional terms provided in your product’s terms, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media for business purposes, including but not limited to service improvement and marketing purposes; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time and we cannot guarantee that any of your User Materials will remain within the Services for any period of time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Surf Local and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.
UGC Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. "User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Services by any user or other user of the Services, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Surf Local Network, but excluding Surf Local Content and feedback. "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Surf Local Network.
The contents of private messaging through the Network will not be used by Surf Local in public advertising. By making available any User Content on or through the Network, you hereby grant to Surf Local a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Network, Services or “Pro Services” (services listed, quoted, scheduled, offered, fulfilled, or provided by “Service Professionals”, or sought, scheduled, paid for, or receives by users through the Services, or for any other purpose in our sole discretion. A “Service Professional” means a user who uses, or is registered to use, the Services to offer, provided, receive payment for, or facilitate the provision of Pro Services. Service Professionals are often referred to as “pros” on the Surf Local Network and in the Services. In the interest of clarity, the license granted to Surf Local will survive termination of the Services or your account. Surf Local does not claim ownership rights in your User Content and nothing in these Terms of Use will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Services by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Surf Local the rights in such User Content, as contemplated under these Terms of Use; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Surf Local's use of your User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Surf Local has no obligation to do so, you agree that Surf Local may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited content is accurate and consistent with your representations and warranties in these Terms of Use.
Surf Local reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable or inappropriate, in violation of these Terms of Use or otherwise harmful to the Network or users, or for any other reason. Users are solely responsible for ensuring that their content complies with applicable laws.
UGC Disclaimer
We are under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. We may, however, at any time and without prior notice, screen, remove, edit, or block any User content on the Services, including User Materials, that in our sole judgment violates these Terms of Use or we find otherwise objectionable, including any violation of our Good Neighbor Policy, described below. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against us with respect to User Materials. We expressly disclaim any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice. You may report inappropriate or offensive content you may encounter by contacting us per the section entitled “Contact Information” at the end of the Terms of Use.
3rd Party / Linked Services / Sent information
Generally
The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. Surf Local is not responsible for the quality or outcomes of any third-party services accessed through the Surf Local Network. Users engage with third parties at their own risk. International users should be aware that third party services may not be available or compliant with regulations in their region. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Certain Third-Party Services
Referrals and Lead Sales. As part of the Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. If any of these parties have an affiliated relationship with Surf Local, then Surf Local may receive a financial or other benefit from the referral between such affiliates. Surf Local shall not be liable to any actions taken by a Third-Party Provider in transactions initiated through the Services.
Real Estate Professionals
General
By registering or using the Surf Local Network to offer, post, or provide real estate agency services (“Real Estate Agency Services”), if you are a Real Estate Professional, you represent and warrant that you and your employees, agents, suppliers contractors, and subcontractors who may perform work for you are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which you may be subject in the jurisdiction(s) in which you offer your Real Estate Agency Services and in relation to the specific services you are performing. As a Real Estate Professional, you otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in your use of the Surf Local Network and any personal information obtained from the Surf Local Network.
Surf Local does not sell or otherwise provide Real Estate Agency Services. Surf Local also facilitates real estate transactions, which facilitation may include displaying a list of Real Estate Professionals profiles, allowing consumers and Real Estate Professionals to send messages to each other, allowing for the booking of an appointment for the provision of Real Estate Agency Services, assisting in the selection of a Real Estate Professional for certain consumers, and processing payment for certain Real Estate Agency Services. Consumers understand that any such facilitation does not constitute a warranty in relation to the Real Estate Agency Services. Real Estate Professionals understand and agree that using the Surf Local Network does not guarantee that anyone will engage them for Real Estate Agency Services. Consumers understand that any Real Estate Agency Services they solicit and/or pay for using the Surf Local Network are solicited directly from the Real Estate Professionals providing such Real Estate Agency Services.
Real Estate Professionals understand and agree that they are customers of Surf Local, and are not Surf Local employees, contractors, consultants, joint venturers, partners, or agents. Real Estate Professionals acknowledge that they develop their own expertise, are free to provide their services through other platforms and lead sources, and determine their own work schedule. Surf Local does not control, and has no right to control, the services a Real Estate Professional provides (including the details of how the Real Estate Professional provides such services) if the Real Estate Professional is engaged by a consumer or any other person, except as specifically noted herein or on the Surf Local Network.
Non-Affiliated Financial Products
If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for mortgage rate quotes) on the Services, you authorize Surf Local to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. In the case of non-affiliated financial products, Surf Local is only providing an administrative service to consumers and participating Third-Party Providers. Loan approval standards are established and maintained solely by individual Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by Surf Local and Surf Local is not responsible for the underwriting activities or credit decisions of any Third-Party Provider. Any non-binding quotes provided by Surf Local for Third-Party Providers’ financial products are not intended to be official “Loan Estimates” as defined in the Real Estate Settlement Procedures Act or the Truth in Lending Act, or to otherwise serve as a disclosure of any specific loan terms or conditions under any state or federal law. Interest rates displayed through the Services are for informational purposes only and reflect non-binding quotes of the terms a Third-Party Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest rates may vary. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Except as set forth in this Terms of Use or as otherwise disclosed to you or provided in other product’s terms, Surf Local: (a) is not a Third-Party Provider, loan originator, loan processor or underwriter; (b) does not aid or assist applicants in obtaining loans, soliciting applicants or Third-Party Providers for loans, or offer or negotiate terms of applications or loans; (c) does not take mortgage applications, make loans or credit decisions, or prequalify or preapprove applicants for loans; (d) is not an agent of either any consumer or any Third-Party Provider; (e) does not endorse, refer, or recommend any Third-Party Provider that pays Surf Local, or the products of any Third-Party Provider that pays Surf Local; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
Mortgage-Related Disclosures
This disclosure statement pertains to the conduct of Surf Local, including services Surf Local provides, in connection with the mortgage loan industry and Web sites and mobile Apps operated by Surf Local via the Surf Local Network.
Surf Local does not confirm, and does not make or give any guarantee regarding any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor (ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor (iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional.
Surf Local does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
Surf Local is not a lender, mortgage broker, loan originator, loan processor or underwriter. Surf Local does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.
Surf Local does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.
Surf Local does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals (Please note that the meaning of “pre-qualification” and “pre-approval” can sometimes differ the way those terms are used by mortgage lenders and brokers, real estate agents and others. Although “pre-qualification” often is used to refer to a lender’s preliminary estimate, based on unverified information you provide, of the mortgage loan amount you might be able to borrow, and “pre-approval” often is used to refer to an offer or statement provided to you from a lender (a pre-approval letter), based on verified information and often requiring a completed loan application, indicating a specific loan amount you may be offered (or are being offered) subject to the terms of the pre-approval letter, you should be aware that “pre-qualification” and “pre-approval” might have different meanings depending on who is using those terms. One or both of those terms might even have different meanings under different mortgage-related laws, and the use of and requirements for pre-qualifications or pre-approvals from lending institutions might vary depending on the mortgage loan practices of a given lending institution.)
Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on Web sites or mobile Apps operated by Surf Local via the Surf Local Network) is not, and will not be responded to by Surf Local as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.
Surf Local does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.
Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
Surf Local is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.
Surf Local sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of Web sites or mobile Apps Surf Local operates.
Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Surf Local but are made by lenders, brokers or other loan professionals which might include participating advertisers of Surf Local.
Surf Local does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any Web site or app that did not originate solely from Surf Local.
The foregoing disclosures reflect Surf Local's good faith conclusions regarding the subject matter of such disclosures, and Surf Local takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than Surf Local, nor any actual or alleged inaccuracy of or other fault with any such disclosures.
Background or Credit Checks
If you choose to submit your information in order to submit a background or credit check, you are subject to the applicable terms of credit companies. We do not process, or store background or credit check information or control how a third party uses background or credit check information in evaluating applications submitted to them.
Additional Terms for Third Party Services
Certain aspects of the Services include third-party tools that are subject to additional Third-Party terms, including, but not limited to, the following: Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use; and Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, and Google’s privacy policy.
Intellectual Property
The Services are owned and operated by Surf Local. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services, including Surf Local websites and the App (the “Surf Local Materials”) that we provide are protected by intellectual property and other laws and are the property of Surf Local or Surf Local Third-Party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Surf Local Materials, and Surf Local reserves all rights to the Surf Local Materials and Services not granted expressly in these Terms of Use.
Certain content on the Services is owned by the United States Postal Service. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.
Feedback
If you choose to provide input and suggestions regarding the Services, including related to any of the Surf Local Materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services. All such Feedback may be shared publicly by Surf Local and used in any marketing campaigns, events, etc.
Deactivation / Deletion / Changes to Agreement
Except as stated in any product's terms, you may deactivate your account at any time by selecting “deactivate account” in your account settings. You can delete your account and all your account data by submitting a request to “delete your data” at www.surflocalexchange.com. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Surf Local to use the Services will terminate automatically. In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. We may alter, suspend, or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of the Services. We reserve the right to change these Terms of Use at any time in our sole discretion on a going-forward basis, and we will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use and will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
Privacy Policy / Other Terms
Privacy Policy
Surf Local will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Our Privacy Policy is set forth in our Privacy Notice located at http://www.surflocalexchange.com/privacy, including any amendments, supplements or modifications thereto made from time to time. Please consult our Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
Other Terms
Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services.
Indemnification
You agree to indemnify, defend, and hold harmless Surf Local, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. Surf Local reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Surf Local’s defense of that claim.
No Warranties
Surf local provides the services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. to the maximum extent permitted by applicable law, surf local and our suppliers make no representations, warranties, or conditions, express or implied, and disclaims all warranties, express or implied. surf local and our suppliers expressly disclaim any and all warranties or conditions, express, statutory, and implied, including without limitation: (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens, and non-infringement; (b) warranties or conditions arising through course of dealing or usage of trade; and (c) warranties or conditions of uninterrupted or error-free access or use. no advice or information, whether oral or written, obtained by you through the services or any materials available through the services will create any warranty regarding surf local or the services that is not expressly stated in these terms of use. you assume all risk for any damage that may result from your use of or access to the services, your dealing with any other user, and any materials, including all user and surf local materials, available through the services. you understand and agree that your use of the services, and use, access, download, or other obtainment of materials through the services and any associated sites or services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the services), or the loss of data that results from the use of the services or the download or use of those materials. some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
Limitation of Liability / Exclusive Remedy
In no event will surf local or any of our affiliates be liable for any indirect, consequential, special, incidental, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of, based on, or resulting from these terms of use or your use or access, or inability to use or access, the services or any materials on the services, whether based on: (a) breach of contract; (b) breach of warranty; (c) negligence; or (d) any other cause of action, even if surf local has been advised of the possibility of such damages. to the maximum extent permitted by applicable law, surf local assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of materials; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (vi) any errors or omissions in any materials or for any loss or damage incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available through the services; or (vii) user materials or the defamatory, offensive, or illegal conduct of any third party. the aggregate liability of surf local and any of our affiliates to you for all claims arising out of or relating to the use of, or inability to use, any portion of the services or otherwise under these terms of use, whether under contract, tort, or otherwise, is limited to the greater of: (1) $100; or (2) the amount you paid to surf local for the services in the preceding 12 months. some jurisdictions do not allow the exclusion or limitation of liability for consequential damages. accordingly, the above limitations may not apply to you. each provision of these terms of use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. this allocation is an essential element of the agreement of the parties. the limitations in this section will apply even if any limited remedy fails its essential purpose.
Applicable Law; Agreement to Arbitrate; Class Action Waiver
These terms of use are governed by the laws of the state of florida, u.s.a. without regard to conflicts of laws principles. you hereby agree that any and all disputes or claims that may arise between you and surf local shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court in palm beach county, florida if your claims qualify. the federal arbitration act shall govern the interpretation and enforcement of this paragraph. you agree that you and surf local may bring claims against each other only on an individual basis and not as part of any purported class or representative action or proceeding. unless both you and surf local agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. further, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). the arbitration will be conducted by the american arbitration association ("aaa") under its rules and procedures, as modified by this paragraph. the aaa's rules are available at www.adr.org. a form for initiating arbitration proceedings is available on the aaa's web site at https://www.adr.org/. the arbitration shall be held in palm beach county, florida or at another mutually agreed location. if the value of the relief sought is $10,000 or less, you or surf local may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and surf local subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. attendance at an in-person hearing may be made by telephone by you and/or surf local, unless the arbitrator requires otherwise. the arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. payment of all filing, administration and arbitrator fees will be governed by the aaa's rules, unless otherwise stated in this paragraph. if a court decides that any part of this paragraph is invalid or unenforceable, the other parts of this paragraph shall still apply. access or use of the surf local network 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 Surf Local as a result of the Terms of Use or accessing or using the Services. Surf Local’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Surf Local’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Services or information provided to or gathered by Surf Local with respect to such use.
Consent to Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read our Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications shall be in writing.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Surf Local or third parties, such as real estate agents and third-party providers. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by Surf Local or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and Real Estate Professionals so that we and the Real Estate Professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by us and the Communications Service. We may retain any text messages and call logs for as long as we prefer, and we may delete such texts and logs at any time at our discretion. The information is subject to the Privacy Policy.
Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
Applicability to non-US Users
Surf Local's services and functionalities are designed exclusively for real estate transactions and home-related services within the United States. However, individuals and entities outside the United States may access and use the Surf Local Network to view, inquire, and transact on U.S.-based properties or services.
Compliance with Local Laws
Users accessing the Surf Local Network from outside the United States are responsible for ensuring that their use of the platform complies with the laws and regulations applicable in their jurisdiction. Surf Local makes no representations or warranties that its services are appropriate or available for use in locations outside the U.S.
Contact Information
The Services are offered by Surf Local, Inc. and its affiliates, located at 6945 NW 25th Way, Boca Raton, Florida 33496. You may contact Surf Local by sending correspondence to that address or emailing [ [email protected] ]
General Provisions
You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Surf Local with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Surf Local with respect to the Services.
Updates and Changes
Surf Local may update these Terms of Use at any time. Continued use of the Surf Local Network constitutes acceptance of the updated Term of Use.