These Terms of Use were last updated on October 31, 2024.
These Terms of Use (“Terms of Use,” “Terms,” or “Agreement”) govern your use of the website located at https://www.AgentMatch.ai/ and any other websites, mobile application (the “App”), and platforms (collectively, the “Sites”), operated by AgentMatch.AI, Corp., a California corporation (collectively, “AgentMatch,” “we,” “us,” or “our”) and the related content, platforms, services, products, and any other functionality offered on or through our Sites (collectively, the “Services”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND AGENTMATCH.
AgentMatch is operated in compliance with all state and federal housing laws.
By visiting, viewing, or using any of our Services, you (“you,” “your,” or “User”) confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located at https://agentmatch.ai/privacy-policy/ (the “Privacy Policy”). Further, you expressly represent that you are legally competent and of legal age to enter into this agreement and agree to be bound by these Terms. We reserve the right to make any changes in our sole discretion, from time to time, to these Terms of Use, our Privacy Policy, or any other applicable company policies (collectively, the “Company Policies”) (which are hereby incorporated herein by reference). It is your responsibility to review these Terms and any of our other Company Policies periodically. If we make changes to any of the Company Policies, and you continue to use our Services, you are agreeing to the Terms expressed herein and our other Company Policies. If you do not agree to these outlined Terms or any other Company Policies, your only recourse is to discontinue use of any of our Services operated by AgentMatch and/or refrain from engaging with any of our Services.
If your use of any of our Services is terminated for any reason, then: (a) these Terms shall survive such termination and will continue to apply and be binding upon you with respect to your prior use of the Services, and (b) any rights or licenses granted to us under these Terms will survive such termination.
IMPORTANT: PLEASE REVIEW THE ARBITRATION CLAUSE SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH AGENTMATCH ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Our Services have artificial intelligence (“AI”) features. You may provide input to the Services (the “Input”), for example though an AI chat box, and receive output generated by AI, AI tools, and or an AI agent based wholly or in part from the Input you provide (the “Output”). Input and Output are collectively “Content.” We may store and use the Content to provide, maintain, develop, and improve our Services. You are solely responsible for your Input, including ensuring that it does not violate any applicable law or these Terms. Due to the nature of the AI, Output may not be unique or incorrect, and the AI may generate the same or similar Output for you or other Users. We do not guarantee the accuracy of any Output. The AI is currently provided free of charge, however, we reserve the right to charge fees at any time upon providing prior written notice.
We shall not incur any liabilities if the Output is incomplete, incorrect, or offensive when delivered. In no event shall we be liable to you for any technical problems, systems failures and malfunctions, Input or Output failures or malfunctions, access issues, system capacity issues, software failures, high internet traffic demand, and other similar hardware or software problems and defects.
For more information on what information and data may be collected and stored when using the AI on our Services, visit our Privacy Policy at https://agentmatch.ai/privacy-policy/.
As a real estate professional, you may create a profile (the “Profile”) associated with your Account (as defined below in Section 4). You grant us permission to display on our Sites and elsewhere, or otherwise provide Users with, information that we gather or that you have provided on your Profile related to any of the real estate transactions that you have handled as a real estate professional to help your potential clients better understand your areas of expertise. Any information you provide us on your Account, Profile, and otherwise must be accurate, complete, and owned by you, and you agree to update it if it becomes incorrect. If we find any inaccuracies, we may correct them ourselves. You also grant us permission to e-mail, display or otherwise provide your Profile including your name, likeness, contact details, and transaction information and such other information as may be supplied by you through our Services to actual or potential clients. Since your Profile may be shared with potential clients across the United States, so be sure you are comfortable with the information you are sharing on your Profile.
When you create a Profile as a real estate professional through our Services, or if you create a Profile on behalf of a real estate professional through our Services, you represent and warrant that you have the authority to bind the real estate professional to these Terms. As a real estate professional, your Profile should be used for work purposes only. AgentMatch assumes no responsibility whatsoever and disclaims all liability for any of your content on your Profile or any of the information that you otherwise share with any potential clients.
As a real estate professional using our Services, you may receive or have access to certain information, including contact and other personal information, provided by clients and/or potential client. Each real estate professional should maintain the confidentiality of user information and safeguard it with at least the same level of care as they use to protect their own sensitive information, and in no case less than the industry standard of confidentiality required of them under applicable law.
You are solely responsible for keeping your real estate license current and adhering to all relevant real estate regulations concerning disclosures, documentation, and other brokerage obligations. Furthermore, you are solely responsible for the real estate brokerage services you offer to your clients and potential clients. You also agree to indemnify, defend, and hold AgentMatch.AI harmless against any claims, expenses, or damages that we might incur from claims by your clients and/or potential clients, related to the real estate brokerage services you have provided.
AgentMatch cannot, does not, and will not provide any financial, real estate, or related advise of any kind whatsoever, and it shall not be liable, answerable or accountable, in any way whatsoever, for any loss or damage resulting from the advice given by a real estate professional including but not limited to any exercise or refusal to exercise a discretion, any mistake, error of judgement, or any act or omission.
While you may view, access, and/or use some of the functionality of our Services without registration, there are some certain tools and services that are specifically for real estate professionals which require creating an account (the “Account”), and submission and/or verification of certain information, including credit card information to set up any of our paid Services. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of any Services, you agree to provide accurate, current, and complete information when and as required for accessing and/or using any of our Services or creating an Account. If you provide any information that is untrue, inaccurate, not current, incomplete, or misleading, or if AgentMatch has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or misleading, AgentMatch reserves the right to terminate your Account immediately and suspend your use of any Services.
Your Account is accessible by anyone with your username and password. If someone obtains unauthorized access to your Account, they could contact other users or take other actions through your Account, and AgentMatch’s ability to respond may be limited. You shall at all times remain responsible for maintaining the confidentiality of any Account, username, password, and any other related security information. AgentMatch.AI may send you a notice relating to account security, such as informing you that you may have recently interacted with a compromised account. AgentMatch cannot, does not, and will not guarantee that such notice will always be sent or received, and you therefore agree that AgentMatch bears no responsibility for doing so. Further, AgentMatch will not be liable for any loss under any circumstances whatsoever that you may incur as a result of someone else accessing or using your Account, either with or without your knowledge.
From time to time, we may offer certain paid services (“Premium Services”). “Services”, as defined herein, shall include the Premium Services provided under these Terms to the extent such Premium Services are applicable. Only Real estate professionals have the option to purchase Premium Services. By opting to purchase our Premium Services, real estate professionals will receive prioritized visibility in search results and match recommendations. By purchasing our Premium Services, a real estate professional’s Profile will be prominently featured and presented to potential clients, regardless of search criteria or client preferences. This enhanced visibility ensures that the real estate professional’s Profile is among the top options shown to potential clients seeking a real estate professional. In addition to guaranteed visibility, our Premium Services may include a variety of other benefits for real estate professionals, such as access to advanced analytics and immediate access to potential client transcripts collected through our Services. As a real estate professional, if you buy any of our Premium Services, you agree to pay us the applicable fees and taxes specific to the Premium Services. Failure to pay these fees will result in the termination of your Premium Services. For Premium Services, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You also agree that we may store and continue billing your payment method on file under your Account even after it has expired, to avoid interruptions in your Premium Services. You can cancel your Premium Services at any time. Payments are non-refundable, except where required by law. However, these Terms do not override any mandatory state or local laws regarding your cancellation rights. We may modify the prices charged for our Premium Services, from time to time, without prior notification to you.
Our Privacy Policy explains how your personally identifiable information and other relevant information is collected, used, and/or disclosed. You agree to be bound by the terms of our Privacy Policy which can be found at the following link: https://agentmatch.ai/privacy-policy/. We respect your privacy and will use information provided by you only in accordance with these Terms and the Privacy Policy.
While AgentMatch can provide profiles of suggested agents, you understand, acknowledge, and agree that you are responsible for choosing which real estate professionals to connect with. You understand that matching, or otherwise connecting, with a real estate professional through our Services does not guarantee the successful acquisition of any property. While our Services aims to connect you with qualified and reputable real estate professionals throughout the United States, we cannot and do not guarantee the quality of service provided by any real estate professional, their ability to meet your expectations, the availability of any property you seek, that you will secure the property, or that he real estate professional you match with will be able to meet all of your property-related needs.
When using our Services, you may be required to provide your contact information, such as your telephone number, e-mail, mail address, or other reasonable modes of communication. By providing this information, you consent to being contacted by a real estate professional through one of these modes of communication.
Further, you understand that, although we may connect you to real estate professionals, this introduction does not imply that we now act as your agent or represent you in any capacity. We do not provide real estate brokerage services and only make introductions to matching real estate professionals. Your use of our Services confirms your understanding and acceptance of this arrangement.
For more information on what information and data may be collected and stored from your Profile by AgentMatch, visit our Privacy Policy at https://agentmatch.ai/privacy-policy/.
Our Services may be accessed only by individuals who are 13 years of age or older, and who are not barred from using any of our Services under any applicable laws. If you use or engage with our Services and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent or legal guardian’s permission to do so. You may access and use any Services only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that AgentMatch, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of any of our Services. Creating an Account and/or a Profile may only be done by individuals 18 and older who can legally enter into binding agreements. You acknowledge and agree that upon termination of your Account and/or Profile by AgentMatch, you may lose any and all information recorded with the aforementioned.
Although AgentMatch and Services are based in the United States, regardless of where you view, access, or use any Services, any information collected as part of that access or use will be transferred to and maintained on servers located in the United States, or in any other place where AgentMatch or its employees or independent contractors are located. Any information we obtain about you will be stored in accordance with United States privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence or the location where you are viewing, accessing, or using any of our Services. By accessing and/or using any of our Services, you consent to the capture, collection, transfer, transmission, storage, processing, and use of your information in and to the United States.
By using any of our Services, you agree not to use any Services in any manner that does or constitutes any of the following:
a. Impairs, modifies, limits, prohibits, interferes with, disrupts, damages, or breaches the functionality of, access to, or use of any Sites, Services, Accounts, Profiles, AI, services connected to any Sites, Services, Accounts, Profiles, AI, or any systems, databases, or networks that support any Sites, Services, Accounts, or Profiles.
b. Violates or circumvents the security or security features or functionality of any Sites, Services, Accounts, Profiles, or AI.
c. Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
d. Links to materials or other content to which you do not have a right to link.
e. Violates confidentiality when communications are meant to be confidential.
f. Copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of the software underlying any Services or any portion thereof.
g. Consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
h. Is false, inaccurate, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, sexually oriented, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, as determined in our sole discretion.
i. Accesses, or attempts to access, data, information, accounts, servers, software, hardware, files, or equipment which you are not authorized to access.
j. Violates, or encourages another party to violate, these Terms of Use, our Privacy Policy, or any Company Policies.
k. Violates, or encourages another party to violate, any applicable law, regulation, or order.
Our Services may include access to message boards, chat forums, chat rooms, bulletin boards, testimonials, or other interactive features on our Sites that allows Users to post, view, like, follow, and share contributions on public areas of the Site (collectively, “User Contributions”), as well as send and receive direct messages from other Users (the “Direct Communications”).
You agree that any and all User Contributions and Direct Communications may be reviewed by AgentMatch and stored for analysis and to make our Services better. This data may also be used to create statistical models and improve engagement metrics.
User Contributions and Direct Communications must comply with all applicable federal, state, and local regulations. Without limiting the foregoing, User Contributions must not:
a. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inaccurate, or otherwise objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
c. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
d. Violate the legal rights (including the rights of publicity and privacy) of others.
e. Contain any material that could give rise to criminal or civil liability under applicable laws or regulations, domestic and international, or that otherwise may conflict with these Terms of Use, our Privacy Policy, or any Company Policies.
f. Be likely to deceive.
g. Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
h. Be likely to cause annoyance, inconvenience, duress, distress, discomfort, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
i. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
j. Involve commercial activities or sales, such as contests, sweepstakes, and other promotions, bartering or advertising not approved in advance in writing by AgentMatch
k. Give the impression that they emanate from or are endorsed by AgentMatch or any other person or entity if this is not the case.
l. Result in the unauthorized disclosure of the personal information of any other person.
m. Constitute electioneering, such as exhortations to vote for or against any candidate for public office.
User Contributions and Direct Communications have not necessarily been reviewed or approved by AgentMatch and we, therefore, make no representations or warranties, now or in the future, as to the accuracy, reliability, completeness, or timeliness of any User Contributions and Direct Communications. Any views or opinions expressed through User Contributions and Direct Communications belong solely to the users who shared the contributions and messages and not to AgentMatch. Your provision of or reliance upon any User Contributions or Direct Communications is done entirely at your own risk. You understand and agree that AgentMatch is not responsible for, and shall have no liability related to, under no circumstances whatsoever any User Contributions or Direct Communications, including, without limitation, your provision thereof or reliance thereon. Further, under no circumstances whatsoever shall any User Contributions or Direct Communications be considered an endorsement of or by any of our Services. For more information on what information and data may be collected and stored in connection with the User Contributions and Direct Communications, visit our Privacy Policy at: https://agentmatch.ai/privacy-policy/.
AgentMatch has the right to:
a. Disclose your identity or other information about you to a third party who, in AgentMatch’s sole discretion, reasonably claims that material posted by you violates such third party’s rights, including, without limitation, his, her, or its intellectual property rights or privacy rights.
b. Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of any of our Services.
c. Terminate or suspend your access to all or part of any Services for any or no reason, in the sole discretion of AgentMatch.AI, including, without limitation, any violation of these Terms of Use, our Privacy Policy, or any Company Policies.
d. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services.
e. Remove or refuse to post any User Contribution and/or Direct Communication for any or no reason in the sole discretion of AgentMatch.
f. Take any action with respect to any User Contribution and/or Direct Communication that AgentMatch deems necessary or appropriate in the sole discretion of AgentMatch.
We do not review, approve, endorse, or make any representations about Third-Party Websites, the companies or persons who own and/or operate them, or any information, content, software or other products and services made available through Third-Party Websites, or any results that may be obtained from using them. If you decide to access any Third-Party Websites linked to any Services, you are solely responsible for your activities conducted in connection with Third-Party Websites. Your use of Third-Party Websites is subject to the terms of use, privacy policies, or other policies located on the Third-Party Websites which may be different from these Terms, Privacy Policy, or Company Policies and, therefore, we recommend that you review such Third-Party Website policies. Your interactions with other users of any services are solely between you and the other users. You agree that AgentMatch will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of personally identifiable information supplied to such third party by you. You further acknowledge and agree that we are not responsible if any Third-Party Website or company removes your content, reviews, or information from the internet.
AgentMatch may run advertisements and promotions from Third-Party Websites on any of our Sites or Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than AgentMatch found on or through our Sites or Services, including, without limitation, payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. AgentMatch is not responsible or liable under any circumstances whatsoever for any damages or costs of any sort arising from or relating to any such dealings, or as the result of the presence of such non-AgentMatch advertisements or promotions on any of our Sites or Services. Advertisers on any of our Sites or Services may collect information from you while you are using the Services in accordance with the terms of our Privacy Policy as well as their own privacy policies.
For more information on third party data collection and online advertising, visit our Privacy Policy at https://agentmatch.ai/privacy-policy/.
Our Sites and Services and their content, features, and functionality, including, without limitation, artificial intelligence, information, text, graphics, drawings, logos, button icons, images, videos, streaming images, audio files, streaming audio, data compilations, and the design, selection, and arrangement thereof (collectively, the “Intellectual Property”), are the exclusive property of AgentMatch, our licensors, and other third parties, and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
AgentMatch is providing you with access to the Sites and Services pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. This license is available to you provided that you are not barred from any of our Sites and Services by applicable law, and your access in any form to our Sites and Services is not terminated by us. If these Terms of Use are not enforceable where you are located, you may not use any of Sites and Services. AgentMatch reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
You may download information from any of our Sites or Services and print out a hard copy for your personal, non-commercial use, provided that you keep intact and do not remove or alter any copyright or other notice contained thereon. Except as otherwise stated herein, you may not reproduce, modify, publicly display, publicly perform, store, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works from, any of the Intellectual Property, in whole or in part, of any Services. Any use of the Intellectual Property not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws, domestic and international. Any unauthorized use of any Sites or Services shall automatically terminate the limited licenses set forth in these Terms of Use without prejudice to any other remedy provided by applicable law. You agree to comply with reasonable written requests from AgentMatch to help us protect our proprietary and Intellectual Property rights.
If you wish to make any use of the Intellectual Property or any other content or material on any of our Sites or Services other than as set out in these Terms of Use, please contact us through the methods provided in the “Contact Information” section below.
We respect the intellectual property rights of others, and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and to terminate, in appropriate circumstances, the Accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, please contact us through the methods provided in the “Contact Information” section below. In your notice, please provide the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Services, including, but not limited to, the URL;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, SERVICES, YOUR ACCOUNT, YOUR PROFILE, THE AI, THE AI FEATURES, YOUR USER CONTRIBUTIONS, YOUR DIRECT COMMUNICATIONS, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY WEBSITES IS AT YOUR SOLE RISK. THE SITES, SERVICES YOUR ACCOUNT, YOUR PROFILE, THE AI, THE AI FEATURES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY WEBSITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO: (A) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (B) RESULTS TO BE DERIVED FROM THE USE OF ANY SITES, SERVICES, ACCOUNT, OR PROFIE, (C) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; AND (D) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN ANY SITES, SERVICES, ACCOUNT, PROFILE, THE AIE, THE AI FEATURES, CONTENT, LINKS, USER CONTRIBUTIONS, DIRECT COMMUNICATIONS, THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO ANY OF THE AFOREMENTIONED WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
WITHOUT LIMITING THE FOREGOING, NONE OF THE AGENTMATCH PARTIES (AS DEFINED BELOW), NOR ANYONE ASSOCIATED WITH THE AGENTMATCH PARTIES REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED WITH THE FACILITATION OF THE SERVICESS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICESS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICESS OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR WITH THE FACILITATION OF THE SERVICESS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY AGENTMATCH. THE VIEWS AND OPINIONS OF USERS OF ANY SERVICES DO NOT NECESSARILY STATE OR REFLECT THE VIEWS AND OPINIONS OF AGENTMATCH.
TO THE FULLEST EXTENT PERMITTED BY LAW, AGENTMATCH AND ITS AFFILIATES, PARENT COMPANY, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, CONTRACTORS, AGENTS, MEMBERS, MANAGERS, OFFICERS, SHAREHOLDERS, DIRECTORS, AND OTHER REPRESENTATIVES, AND THEIR RESPECTIVE AFFILIATES, PARENT COMPANY, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, CONTRACTORS, AGENTS, MEMBERS, MANAGERS, OFFICERS, SHAREHOLDERS, DIRECTORS, AND OTHER REPRESENTATIVES (ALL OF THE FOREGOING BEING COLLECTIVELY, THE “AGENTMATCH PARTIES”), DISCLAIM AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (COLLECTIVELY, THE “DAMAGES”) ARISING OUT OF, RELATED TO, OR OTHERWISE IN CONNECTION WITH ANY SITES, SERVICES, ACCOUNT, PROFILE, CONTENT, OR THE CONTENT OF ANY SITES, SERVICES, ACCOUNT, PROFILE, CONTENT, OR THE USER CONTRIBUTIONS OR DIRECT COMMUNICATIONS OF ANY SITES, SERVICES, ACCOUNT, PROFILE, EVEN IF AGENTMATCH HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE ANY SITES, SERVICES, ACCOUNT, PROFILE, THE AI, THE AI FEATURES; ANY CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY WEBSITES, ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO ANY SITES OR SERVICES; ANY CONTENT ON THE SITES OR SERVICESS OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT; OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY SITES, SERVICES, ACCOUNT, PROFILE, THE AI, THE AI FEATURES, OR THROUGH CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY WEBSITES OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO ANY SERVICES; (B) THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM ANY SITES, SERVICES, ACCOUNT, PROFILE, THE AI, THE AI FEATURES, USER CONTRIBUTIONS, OR DIRECT COMMUNICATIONS; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ANY SERVICES, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) CONTENT OR INFORMATION YOU OR A THIRD PARTY MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE; THE USE OF ANY THIRD PARTY SITES; (F) ANY DISCREPANCY IN THE AMOUNT OF ANY REWARD OR REWARD AMOUNT ADJUSTMENTS RESULTING IN LESSER OR NO REWARD; (G) FAILURE TO PASS A KNOW YOUR CUSTOMER CERTIFICATION; (H) LOSSES AS A RESULT OF CREDIT CARD HOLDING LESS THAN THE MINIMUM AMOUNT REQUIRED FOR PREMIUM SERVICES; OR (K) THIRD PARTY ACCESS TO YOUR ACCOUNT OR PERSONALLY IDENTIFIABLE INFORMATION.
In no event shall the aggregate liability of AgentMatch or the AgentMatch Parties arising out of or related to these Terms of Use exceed the total amount paid by you to AgentMatch for the Services provided under these Terms of Use.
You agree to defend, indemnify, and hold harmless the AgentMatch Parties from and against any and all damages arising from, incurred as a result of, or in any manner related to or in connection with (a) your User Contributions, Direct Communications, or any other content posted by you; (b) your Input provided through any of our AI tools and/or features, (c) your use of or connection to any Sites, Services, Account, or Profile (including any use by you on behalf of your employer, a family member, a friend, and any use by third parties under your Accounts or Profiles); (d) your use of any Services content; and/or (e) your violation of these Terms of Use, Privacy Policy, or any Company Policies. AgentMatch may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect AgentMatch’s rights or obligations shall be made without our prior written approval. AgentMatch reserves the right to assume exclusive defense and control of any such claim or action.
AgentMatch reserves the right to modify these Terms of Use at any time, without notice, and in its sole discretion. When we do so, we will update the “Last Updated On” date above. By continuing to use any of our Services, or any portion thereof, after we post any such changes, you accept these Terms of Use as modified.
AgentMatch reserves the right at any time, without notice, and in its sole discretion to modify, suspend, withdraw, or terminate the Terms, or any of our Services (or any part thereof), and/or your use of, or access to, any of our Services, with or without notice. AgentMatch may also delete, restrict, or prohibit your access to, and/or use of, any Sites, Services, Accounts, or Profiles, and any User Contributions or Direct Communications, in whole or in part, including, without limitation, if you are a registered user. AgentMatch will not be liable to you or any third party if, for any reason, all or any part of any Sites or Services are unavailable at any time or for any period of time. AgentMatch will not be liable for any modification, suspension, withdrawal, or termination of the services or content provided through any Site, Services, Account, or Profile, or for the loss of any related information.
AgentMatch may allow users to request and receive offers, newsletters, and other marketing and/or promotional campaigns by email. By providing us with your e-mail address, you are consenting to receive certain types of e-mail communications from AgentMatch. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. AgentMatch provides no warranty for any of the pricing data or other information provided to you via such e-mail communications. You understand that you may unsubscribe from receiving e-mails from AgentMatch at any time. To discontinue receiving e-mails from us, please send an e-mail that you wish to unsubscribe to: [email protected].
You expressly consent that AgentMatch may from time to time contact you by telephone call to wireless lines or residential landlines or by text messages (including by an automatic telephone dialing system, artificial voice, pre-recorded messages, and automatic texting system ) for informational purposes at any of the phone numbers provided by you or on your behalf in connection with your Account or otherwise provided to us by accessing or using our Services. You agree that AgentMatch may also leave a voicemail on any voice machine or any other messaging service associated with any phone number provided by you or on your behalf in connection with your Account, or by accessing or using our Services, and that such voicemail may contain certain private information. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you have permission for us to contact such third party by telephone call or text message (including by an automatic telephone dialing system, artificial voice, pre-recorded messages, and automatic texting system) at any of the phone numbers provided, for informational purposes. Should you send AgentMatch a direct text message through a mobile device or tablet, such text message constitutes your prior express consent to receive the messages you request to that SMS device. Message and data rates may apply, and message frequency varies. Carriers are not liable for delayed or undelivered messages. Consenting to telephone calls or text messages isn’t required to use an AgentMatch Account. You further understand that you may opt out of receiving text messages from AgentMatch at any time, by texting the word “STOP” to the text message using the mobile device that is receiving the messages. You can also get help directly by contacting us at the email located in “Contact Information” below.
When you use our Services, or send e-mails, messages, and other communications from your desktop, tablet, or mobile device to us, you may be communicating with us electronically. You consent to receive such communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
The Services are operated by AgentMatch. Any feedback, questions, comments, concerns or requests for technical support, and other communications relating to any Sites, Services, Account, Profile, user Communications, Direct Communications, Content, or these Terms of Use, our Privacy Policy, or any Company Policies should be directed to: [email protected].
a. Entire Agreement. These Terms of Use, our Privacy Policy, and any Company Policies expressly incorporated herein constitute the entire agreement between you and AgentMatch relating to their subject matter and cancel and supersede any prior versions of these Terms of Use and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. No modification to these Terms of Use will be binding on AgentMatch unless in writing and signed by an authorized AgentMatch representative or posted by AgentMatch to any Sites or Services. You may not assign, sublicense, delegate, or otherwise transfer these Terms of Use or any right granted hereunder.
b. Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
c. Equitable Relief. You agree that any material breach of these Terms of Use will result in irreparable harm to AgentMatch for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, AgentMatch will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if AgentMatch seeks such an injunction.
d. Survival. Rights and obligations under these Terms of Use which by their nature should survive any termination of expiration of these Terms of Use will remain in full effect after termination or expiration of these Terms of Use.
e. No Waiver. No waiver by AgentMatch or failure to exercise promptly any right of AgentMatch under these Terms of Use will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.
f. Time for Claim. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR ANY OTHER SERVICES PROVIDED UNDER THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
g. Severability. If any provision of these Terms of Use is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of these Terms of Use will remain in full force and effect.
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