Last Updated: September 2016
BY ACCESSING, ACTIVATING, OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not wish to be bound by this Agreement, do not undertake any of these aforementioned activities.
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims you and we may have against each other are resolved (see Section 16 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 16*. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.*
WHEN YOU USE THE APPLICATION, YOU REPRESENT AND WARRANT TO THE COMPANY THAT (A) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) YOU ARE AT LEAST 18 YEARS OF AGE; AND (C) YOU ARE OF SUFFICIENT LEGAL AGE OR OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THIS AGREEMENT.
In order to use the Application to purchase the Services under the Application for which a payment is required, you will need to access your account with the Company (“ Account”). Once you activate your Account and deposit funds therein, your Account will allow you to receive the fee-based Services we provide. Your Account is for your individual, personal, and commercial use only, and you may not authorize others to use your Account for any purpose. By creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person's account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and the associated password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your Account or any violation of this Agreement by others of which you are aware.
4.1.1 You are responsible for the payment of all applicable fees incurred by your use of the Service (“ User Fees”). For any paid Services available through the Application, you will need to deposit money into your Account through the “Payment” page on the Application. When you incur User Fees, you authorize the Company to deduct from your Account the charges incurred. In order to access any paid Services through the Application, you must maintain a sufficient balance in your Account. The Company will not pay any interest on any balance in your Account. Through the billing page we establish for you, you will see all amounts deducted against your deposit. The Company will advise you when an additional deposit will be required to fund your Account.
4.1.2 In its discretion, the Company may receive updated information about your credit card, debit card, routing numbers, account numbers, and account type from your financial institution.
4.2.1 All User Fees will be charged against the funds on deposit in your Account. You are responsible through your deposit for the payment of any User Fees prior to the use of any paid Services. You are responsible for notifying us if your payment method for your deposit has changed. If you do not provide a valid payment method, or if the designated payment method is inactive or inaccessible for any reason, we may immediately discontinue providing paid Services to you.
4.2.2 By providing a deposit, you authorize the Company to charge your Account for any purchases made by you.
4.2.3 We may terminate your use of the Service if you initiate any reversal or “chargeback” of any deposit paid in accordance with this Agreement. You will reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion.
If you terminate your Account in accordance with Section 11 below, then we will refund to you any remaining balance on your Account. Such refund will be made in the form of a check or credit to your credit or debit card, depending on the primary payment method used on your Account.
The Company reserves the right, at any time, to change its User Fees and/or accepted methods of payment. We will notify you of such changes by email or upon logging into to the Application.
By continuing to use the Service after the User Fee changes take effect, you accept the new User Fees.
In order to access the Application and obtain Services, you will need telecommunications access to a personal computer owned or otherwise controlled by you, connected to the internet, and compatible with the Application (each a “ Device”). You will also be responsible, at your expense, for all telecommunications access and telephone services required to obtain Services and all related third-party service fees (including ISP charges). Certain messaging, service, and other fees and charges may be applied by your carrier. Please check with your carrier to ensure that you are aware of any applicable fees and charges relating to your particular service plan. The Company is not responsible for any expenses incurred by you while accessing or using the Application.
You acknowledge and agree that the Application is provided under license and is not sold to you. You do not acquire any ownership interest in the Application and the Services, including the information you derive therefrom, under this Agreement or any other rights other than to use the application and obtain the Services in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement. The Company and its licensors and service providers reserve and retain exclusive ownership of—and all right, title, and interest in and to—the Services and all content and materials provided in connection with the Services, and all related intellectual property rights, subject only to the limited license granted to you in Section 6.2.
6.2.1 Access and use the Application for your personal use on any Device; and
6.2.2 Access and obtain the Services made available in or otherwise accessible through the Application on a Device, strictly in accordance with this Agreement.
You agree that you will not in connection with your use of the Application and the Services provided thereunder:
6.3.1 Decompile, reverse engineer, disassemble, decode, attempt to access the source code, or sublicense the Application or any portion of the Services;
6.3.2 Modify, translate, adapt, or create improvements or derivative works from your use of the Application;
6.3.3 Alter, obscure, remove, or delete any trademarks or any trademark, copyright, patent, or other intellectual property or proprietary rights notices from the Application;
6.3.4 Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
6.3.5 Republish, reproduce, repurpose, download, or otherwise use any content from the Services except to support your business as a real estate agent;
6.3.6 Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Service;
6.3.7 Engage in any activity which may compromise the stability or availability of the Application;
6.3.8 Use automated means, including spiders, robots, crawlers, or the like to download data from the Services or any related server or database;
6.3.9 Circumvent any security measures or any payment collection methods employed on or through the Application, or access or use the Application after the Company terminates or suspends your Account, this Agreement, or your access;
6.3.10 By-pass the measures used to prevent or restrict access to the Services, including but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Services’ content;
6.3.11 Impersonate any person or entity;
6.3.12 Use the Service for any unsolicited advertising or promotions;
6.3.13 Upload post, email, otherwise transmit or post links to any content or material, or activate or access an Account using any member or user name or email address in a manner that is unlawful; harmful; threatening; abusive; harassing; tortious; defamatory; vulgar; obscene; pornographic; libelous; invasive of privacy or publicity rights; hateful; or racially, sexually, ethnically, or otherwise objectionable;
6.3.14 Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any person or that contributes to, induces, or facilitates this type of infringement;
6.3.15 Upload, post, email, otherwise transmit, or post links to any content or material that contains software viruses; worms; Trojan horses; time bombs; trap doors; any other computer code, files, or programs; or repetitive requests for information designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service or any third party software, site, equipment, or service; or
6.3.16 Upload, post, email, otherwise transmit links to any content or material that violates any applicable law, statute, ordinance, or regulation, or which we deem improper in our sole discretion.
Our provision of the Services to you depends on our ability to use information that you submit to us through the Service, such as passwords, log-in information, and other information. By submitting such information to us, you represent and warrant that you have the right do so and that you understand that we have no obligation to compensate you in any way for the storage or use of such information. We will only disclose this information if we determine that doing so is necessary (a) to respond to a request for customer service made by you; (b) to enforce the terms of this Agreement; (c) to comply with law, a subpoena, or other legal order; (d) to respond to claims or complaints by third parties; or (e) to protect the safety or rights of the Company, other users of the Services, or third parties.
Updates may also modify certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will become part of the Service and subject to all terms and conditions of this Agreement.
The Company reserves the right at any time and from time to time to modify or discontinue temporarily functions and features of the Services with or without notice. The Company will not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of, or interruption to the Service.
You agree that the Company will use your email address to send you messages related to the Services, in lieu of communication by postal mail or other methods, except where the Company is expressly required by applicable law to provide other notice. The Company may also use your email address to send you other messages, such as changes to features of the Service, new applications, and special offers. If you do not want to receive these messages, you may opt-out by using the unsubscribe option in the applicable email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
The cancellation will be effective in the calendar month following the month in which you notify us. Once the cancellation takes effect, you will no longer be able to access your account or use the Service as a registered user.
In particular, this Agreement will immediately and automatically terminate without notice if you violate any of its terms and conditions. You agree that the Company will not be liable to you or any third-party for any interference with or termination of your access to the Application or Service. The Company will make all decisions regarding the termination of this Agreement or your Account in its sole discretion. The Company is not required to disclose the reason for termination of this Agreement or your Account.
SUBJECT TO APPLICABLE LAWS AND REGULATIONS, THE COMPANY PROVIDES THE APPLICATION TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY—ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS—EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE APPLICATION. THIS DISCLAIMER INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WHETHER THEY MAY ARISE OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; BE ERROR FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
(B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THESE LIMITATIONS WILL APPLY WHETHER ANY DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER ANY DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
The Company will not be liable for any delay or failure in performance of the Service by an event beyond the Company’s control, without its fault or negligence, and that by its nature could not have been foreseen by the Company or—if it could have been foreseen—was unavoidable.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including attorneys’ fees) arising from or relating to your use or misuse of the Service or your breach of this Agreement.
All claims arising out of or relating to this Agreement and the Service will be finally settled by binding arbitration administered by the American Arbitration Association (“ AAA”) in accordance with the provisions of the Consumer Arbitration Rules of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator—and not any federal, state, or local court or agency—will have exclusive authority to resolve all disputes arising out of or relating to this Agreement. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement will be subject to the Federal Arbitration Act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. The arbitration rules also permit you to recover attorney’s fees in certain circumstances*.*
The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The Parties further agree that any arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above will be deemed null and void in its entirety and the Parties will be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: 7115 Leesburg Pike Suite 208 Falls Church VA 22043 Attention: Arbitration. The notice must be sent within thirty (30) days of activating your Account, otherwise you will be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, then the Company also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, then the Company may terminate your use of the Service.
To the extent that the arbitration provisions set forth in Section 16.1 do not apply, the parties agree that any litigation between them will be filed exclusively in state or federal courts located in the Commonwealth of Virginia. The parties expressly consent to exclusive jurisdiction in the Commonwealth of Virginia for any litigation. Applicable Law. You agree that federal laws and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and the Company.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE THAT CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
No delay or failure to take action under this Agreement will constitute any waiver by the Company of any provision of this Agreement.
This Agreement is personal to you and may not be transferred, assigned, or delegated by you to any other person or entity. Any attempt by you to assign, transfer, or delegate this Agreement will be null and void.