Terms and Conditions Pareto Peak

Pareto Peak Terms and Conditions

Last updated 2.9.2024

 

Agreement to Terms

By using the Pareto Peak app or any of its services, you agree to be bound by these Terms. If you don't agree to these Terms, you are not authorized to use the Pareto Peak App or any of its services.

Changes to Terms or Services

We may modify the Terms at any time, in our sole and absolute discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or App or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or otherwise communicated them to you, you are indicating to us by your continued use that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you are not permitted to use any of the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole and absolute discretion.

 Who May Use the Services

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Pareto Peak and have not been barred from using the Services under applicable law.

Registration and Your Information

If you want to use the Pareto Peak app and its services, you must create an account. You can do this via the Site or through certain third- party social networking services such as Facebook. If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information, such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. Your SNS Account may not allow you to the full functionality of the Services and additional information may be necessary to take advantage of all Services. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, Pareto Peak may suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about, or consent to, them.

 Introduction

Pareto Peak is a national real estate referral platform utilized by real estate agents to provide their referral clients with white glove home buying and selling referral services. Real estate agents who agree to these terms and conditions have exclusive access to market investment properties from Pareto Peak and its affiliates. Real estate agents can use these listings and marketing material to earn additional commissions and referrals on homes typically outside of their services areas while attracting new clients both locally and out of the area.

Use of Services

Pareto Peak provides referral services to its clients and real estate agents, and you may use these services in accordance with applicable laws and regulations. You agree to use Pareto Peaks services only for lawful purposes and not to engage in any activity that may harm Pareto Peaks reputation or violate the rights of others. You agree to comply with all applicable laws, regulations, and industry standards relating to real estate referral and sales services. By agreeing to these terms and conditions you are verifying that you are a licensed real estate agent licensed to send and receive real estate referrals via your broker of record.

Fees, Payment and Obligations

Pareto Peak charges and or collects fees and or commission splits for its services, and you agree to pay these fees in accordance with the pricing and payment terms specified by Pareto Peak. Pareto Peak may change its fees and payment terms at any time, and any changes will be effective immediately upon posting the revised fees and payment terms on the Pareto Peaks website or terms and conditions on Pareto Peaks app.  If you fail to pay any fees when due, Pareto Peak may suspend or terminate your access to its services.  When referrals are sent to Pareto Peak via the app Pareto accepts a contractual obligation between the referring party and their respective real estate broker to pay a referral fee of 25% when the referral closes on a property and was represented by the broker/agent that Pareto Peak referred the referring client to. This obligation is contingent upon Pareto Peak receiving the referral funds in full, from the brokerage directly responsible for the closing of the referral.

Referral Teams

Real estate agents who refer other real estate agents to Pareto Peak via the Pareto Peak app are the sponsors. The real estate agent under the sponsor is the team member. Pareto Peak agrees to share its net commission from the closing of any qualified real estate referral that the team member earns with the sponsor as per the sponsors current referral team split.  Team member sales/referrals on homes in the Pareto Peak Unlisted Homes Program or PREP are excluded from this program.  No referral fee will be paid to the sponsor when their team member closes a PREP home.  

For a sponsor to consider a team member on their team they must meet all the following conditions.

  1. Sponsor must have the team member listed as active on their Pareto Referral Team page in the pareto app.
  2. Sponsor must have an active real estate license at the time of the closing of the referral property.
  3. For a team member to remain active under a sponsors referral team page they must maintain Active status. Active status can be defined as the following:
    1. Have initially downloaded the Pareto Peak application in the last 12 months.
    2. Or, closed a referral via the Pareto Peak app in the last 12 months.
    3. Or, sponsored three other real estate agents and have them listed on their referral team page as active in the Pareto Peak app.

Current Referral Team Split

When a sponsor refers team members to their referral team they will be paid as per the below. The below refers to Active team members and payment is directly correlated to the closing of real estate closings by the referred client.

  1. 1 – 3 active team members = 10% of Pareto’s net referral commission.
  2. 4 – 10 active team members = 15% of Pareto’s net referral commission.
  3. 11 – 15 active team members = 20% of Pareto’s net referral commission.
  4. 16 – 20 active team members = 25% of Pareto’s net referral commission.
  5. 21 – 30 active team members = 30% of Pareto’s net referral commission.
  6. 31 – 40 active team members = 35% of Pareto’s net referral commission.
  7. 41 – 50 active team members = 40% of Pareto’s net referral commission.
  8. 51 – 60 active team members = 45% of Pareto’s net referral commission.
  9. 61 + active team members = 50% of Pareto’s net referral commission.

Pareto Peak and its affiliates may from time to time earn fees from the closing of the referred real estate transactions. These other fees are not to be considered part of Pareto’s net referral commissions.

Privacy and Your Data

If you lose access to your app or your device has been stolen email support@paretopeak.com to delete or recover your account.  Pareto Peak respects your privacy and may sell your personal information & collected data to third party vendors, excluding mobile phone numbers.  Any mobile phone information collected will not be sold or shared with unaffiliated companies.  Pareto Peak typically will contact you via SMS on a weekly basis to keep you informed about our services when you have an active referral or have an active account.  Please note that standard data rates may apply for receiving these messages.  You may opt out of these messages at any time by responding to the SMS with the text "STOP". Further, if you do not wish to have your information sold, please email support@paretopeak.com with a subject line of “Do Not Sell My Information”.

By using the Pareto Peak app and services you agree that we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. Your consent will be effective even if the number you have provided is registered on any state or federal Do- Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation. Your consent to telemarketing calls is not a condition using the Services. You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.

 You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

Ownership and Intellectual Property

Pareto Peak’s owns all rights, title, and interest in and to its referral services, including all intellectual property rights. You may not use Pareto Peaks referral services in any manner that infringes Pareto Peaks intellectual property rights or the rights of others.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources, including Third-Party Content. We provide these links as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services for any reason or no reason, in our sole discretion, at any time and without prior notice to you. You may also cancel your Account at any time by sending an email to us at support@paretopeak.com. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions will survive, Contract with Buyers, Contract with Sellers, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution Provisions, and any other provisions which by their sense and context are intended to survive.

Disclaimer of Warranties

Pareto Peak provides its services "as is" and without any warranty or representation of any kind, whether express or implied. Pareto Peak does not guarantee that its referral services will be uninterrupted or error-free or that they will meet your requirements or expectations.

Limitation of Liability & Indemnity

Pareto Peak will not be liable to you or any third party for any direct, indirect, consequential, or punitive damages arising out of or relating to your use of Pareto Peaks services. Pareto Peaks total liability to you for any and all claims arising out of or relating to your use of Pareto Peaks services shall not exceed the amount of fees or commissions paid by you to Pareto Peak for the one (1) months preceding the event giving rise to such claim. You will indemnify, defend and hold harmless Pareto Peak, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services; your violation of these Terms; your non-compliance with applicable law in connection with your purchase of Properties if you are a Buyer; or the acts or omissions of your third party property manager, real estate broker, agent, lender, or title or escrow company.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Nevada, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these terms and conditions shall be resolved exclusively in the state courts located in Washoe County, Nevada.