Terms and Conditions
Last Updated: February 18, 2022
This website is operated by AgentStory, Inc., (hereinafter,“AgentStory”, “We”, or “Us”). These terms and conditions (the “Terms”) govern your access to the AgentStory website https://agentstory.com and any mobile applications, and services owned, controlled, or offered by AgentStory, now or in the future (all collectively referred to as, the "Services"). The term “You” or “User” shall refer to any individual that views, uses, accesses, browses or submits any content or material to the Services.
These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The Services are offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, CONSUMMATING A FINANCIAL TRANSACTION, OR BROWSING THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
1. USE OF OUR SERVICESAgentStory is a platform that assists homeowners to make informed decisions in their real estate transactions. Subject to your compliance with its obligations under these Terms, we will provide you with access to the Services. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period. You must be eighteen (18) years or over in order to use the Services.
2. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCESIn order to access and use certain areas or features of the Services, you may need to have an account with us (the “Account”). By creating an Account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to Us, and (iv) immediately notify Us if you discover or otherwise suspect any security breaches related to your Account. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
- (a) Communication Preferences. By creating an Account, you also consent to receive electronic communications from Us (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes, updates and other transactional information) and are part of your relationship with Us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
- (b) Account Information; Updates. You agree to provide current, complete and accurate payment and account information for your Account. You promise to update the information you have provided to AgentStory in the event of any changes to your contact information, or background. Specifically, with respect to your contact information, AgentStory may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.
- (c) Account Access and Security. Also, you are, and will be solely responsible for, all of the activity that occurs through your Account, so please keep your password and AgentStory Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your AgentStory Account, whether or not you have authorized such activities or actions. You will immediately notify AgentStory of any actual or suspected unauthorized use of your AgentStory Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your AgentStory Account after you have reported unauthorized access to us. We reserve the right to suspend the provision of the Services or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for all charges incurred under your Account, whether made by you or another person using your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Services if in our opinion,you have failed to comply with any of the provisions of these Terms.
3. ACCESS TO THE SERVICESWe shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet Host, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.
4. TERMINATION OR SUSPENSION OF SERVICESAgentStory reserves the right to refuse or suspend access to any user, for any reason or no reason, and without any notice. AgentStory may suspend your use of the AgentStory Services or any portion thereof if AgentStory believes that you have breached these Terms, or for any other reason, at its sole discretion. You agree that any termination of your access to the AgentStory Services may be without prior notice, and you agree that AgentStory will not be liable to you or any third party for any such termination. Where needed, we reserve the right to alert local law enforcement authorities about suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services.
5. BROKERS AND AGENTSReal estate professionals who are involved with and make use our Services (including, but not limited, to licensed real estate agents, brokers and their representatives) agree to the following terms:
- (a) You grant us permission to display on the Services and elsewhere information that we have gathered, or you have supplied to us in connection with any of the real estate transactions that you have previously handled as a real estate professional.
- (b) You are solely responsible for maintaining your own real estate license and for following all applicable real estate laws regarding disclosures, documentation, and other brokerage responsibilities. In addition, you are responsible for the real estate brokerage services provided to your clients and agree to indemnify, defend, and hold AgentStory harmless from any claims, costs, and damages incurred by AgentStory arising from claims by your clients regarding the brokerage services you have provided.
- (c) Your participation in our service is voluntary and can be terminated by either party for any reason at any time with written notice.
- (d) You agree to be contacted by AgentStory and its referrals via phone, email, mail, or other reasonable means, and you further agree that you will not provide the referrals to any other party without our written consent.
- (e) You may initiate or receive a call from an AgentStory representative or one of our referrals via one of AgentStory’s tracked phone numbers. If you do so, AgentStory may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
- (f) Any information that you provide to AgentStory shall be accurate, complete, and owned by you, and you agree to update any information that is or becomes inaccurate. Of course, if we discover that any information is inaccurate, we may correct it ourselves. You hereby grant us permission to e-mail or display your profile (including your name, likeness, contact information and transaction details) and such other information as may be supplied by you on or from the Services and such other partner and affiliate websites as we believe advisable for marketing purposes.
- (g) You acknowledge and agree that we may modify the Services, these Terms or any prices charged for via the Services at any time. We will notify you via email thirty (30) days in advance of any significant changes of our services, terms of service or prices, and you agree that your continued use of our services after the notice period means that you accept the new terms, and any subsequent referrals or services shall be governed by the new terms.
6. BUYERS AND SELLERSAll non-real estate professionals (including prospective buyers and sellers and their representatives) who are involved with and use the Services agree to the following terms:
- (a) When you submit information to the Services for a request, you authorize us to use and provide this information to make an introduction to an agent or broker. By providing this information to us, you consent to being contacted by us and/or our partners via phone, email, mail, or other reasonable means.
- (b) You must provide information that is accurate and complete, especially your contact information so that our real estate agent partners can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.
- (c) You understand that while AgentStory may refer real estate professionals, we do not perform real estate brokerage services. Any Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you. We do not endorse, recommend, or otherwise know the terms of any agreement between you and a real estate professional.
- (d) Your participation on the Services is voluntary and can be terminated by us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by the agreement that we may have with a real estate professional.
- (e) You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms, and any subsequent services shall be governed by the new terms.
- (f) You may initiate or receive a call from an AgentStory representative or one of our agent partners via one of AgentStory’s tracked phone numbers. If you do so, AgentStory may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
7. PROHIBITED USESUse of the Services is limited to the permitted uses expressly authorized by us. Any violation of this Agreement by your user content, as determined by AgentStory in its sole discretion, may result in the termination of your access to the Services. The Services shall not be used to:
- (a) Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- (b) Engage in any unlawful, fraudulent, or deceptive activities;
- (c) Misrepresent the source, identity, or content of information transmitted via the Services;
- (d) Use technology or other means to access unauthorized content or non-public spaces;
- (e) Use or launch any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
- (f) Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (g) Probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- (h) Use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage;
- (i) Modify the Services in any manner or form; use or develop any application that interacts with the Services or provides access to other users' content or information without our written permission; or use modified versions of the Services, including to obtain unauthorized access to the Services;
- (j) Attempt to damage, disable, overburden, or impair our servers or networks;
- (k) Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to AgentStory, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services;
- (l) Display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services;
- (m) Encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; or
- (n) violate these Terms in any manner;
8. INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, videos, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of AgentStory or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Our content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of AgentStory and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express orimplied, to the intellectual property of AgentStory or our licensors except as expressly authorized by these Terms.
9. DMCA NOTICE AND TAKEDOWN POLICYAgentStory respects intellectual property rights and expects its users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes Your copyrights, then you may submit a notification by providing AgentStory’s Designated Copyright Agent with the following information in writing:
- (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;
- (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AgentStory to locate the material; Information reasonably sufficient to permit AgentStory to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- (d) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
- (e) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
AgentStory Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
4770 Biscayne Blvd
Miami, FL 33137
Attention: Copyright Claims
For clarity, only notices under this section should go to the AgentStory Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
10. FEEDBACKYou can submit questions, comments, suggestions, ideas, original or creative materials or other information about AgentStory or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of AgentStory. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. AGENTSTORY GUARANTEEAs a part of the Services, we will be offering a $1,000 guarantee to Sellers in the event they list with an agent recommended by us and their listing does not sell within certain period of time (hereinafter, the “Guarantee”). In order to receive the monetary guarantee, the following conditions must be met:
- (a) The agent listed through the Services (through our match flow system) by the Seller will indicate whether they are participating in our Guarantee program. Agents that are not qualified will have the Guarantee indication and will not qualify;
- (b) The listing must be “On the Market” for a minimum of ninety (90) days. “On the Market” means that the listing has to be active and available for purchase. The lifetime of a listing varies from 90-365 days. Sometimes a listing can be temporarily taken off the market for some reason like for the holidays, the homeowner is not available. We only consider the time it was active on the market for this condition;
- (c) The listing must have expired. A listing is deemed “Expired” when it ended due to the listing contract reaching its stated expiration date. If the agreement is canceled or terminated by either the agent or the seller prior to such agreed upon expiration date, it will not qualify for the Guarantee;
- (d) The seller must be responsive and available to show the house to prospective purchasers at reasonable times when requested by the Agent; and
- (e) The listing price needs to be reasonable according to the market value and Agent’s recommendation. The applicable Agent will confirm whether the listing price was according to his recommendation.In order to claim the Guarantee, a Seller must:We reserve the right to cancel the Guarantee program at any time, and/or disqualify any sellers who submit incomplete, inaccurate, or fraudulent information, in AgentStory’s absolute discretion.
- Submit a copy of the listing contract with the Agent.
- The Agent will need to approve that the reason the listing did not sell is not due to a lack of cooperation from the Seller or that the listing price was not within market value.
- Agent Story will verify the information provided.
- If the requirements are met, in AgentStory’s reasonable discretion, AgentStory will send to Seller a check in the amount of $1,000 within thirty (30) days of confirmation of information by the Agent.
12. LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICESThe Services may contain links to other brands or services ("Linked Website"). The Linked Websites are not under our control, and We are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Services, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Services are delivered by third parties and organizations and these Terms do not apply to any Linked Website. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service, or functionality on behalf of AgentStory and customers.
13. THIRD PARTY ACCOUNT LOGIN
In you register with the Services by using your Google, Facebook, Instagram, and other related accounts (individually, as a “Third Party Account”) login information, you authorize us to access and use certain Third-Party Account information, including, but not limited to, any of your Third-Party Account public profile and other information such as the profiles of Facebook friends or Instagram followers you might share in common with other Users. Please note that if your Third-Party Account or associated service becomes unavailable or if our access to such account is terminated by the third-party Host, the Third-Party Account content will no longer be available on or through the Services. You have the ability to disable the connection between your Account and your Third-Party Account, at any time. Your relationship with such Third-Party Hosts associated with your Third-Party Accounts is governed solely by your Agreement(s) with such Third-Party Hosts. We make no effort to review any Third-Party Account content for any purpose, including, but not limited to, for accuracy, legality, or non-infringement, and We are not responsible for any Third-Party Account content.
14. ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on the Services that may contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.
WE DO NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
15. ELECTRONIC COMMUNICATIONUsing the Services or sending emails to us constitutes electronic communications. If you provide Us with your email address to our contact form, you consent to receive electronic communications from Us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
16. INDEMNIFICATIONWITH THE EXCEPTION OF AGENTSTORY’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AGENTSTORY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
17. HARM FROM COMMERCIAL USEYou agree that the consequences of commercial use or re-publication of content or information from the Services may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that We will be entitled to temporary and permanent injunctive relief to prohibit such use.
18. DISCLAIMERS; NO WARRANTIESEXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY AGENTSTORY, THE SERVICES AND THE INFORMATION CONTAINED ON SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AGENTSTORY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND INFORMATION CONTAINED THEREIN. AGENTSTORY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
19. LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGENTSTORY OR ANY OF ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, AND SUBSIDIARIES BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. NEITHER AGENTSTORY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
In no event will AgentStory, its subsidiaries or insurers aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amounts you have paid for the Services, if applicable, in the twelve (12) month period prior to the event giving rise to the liability, or (ii) US $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AGENTSTORY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
20. INFORMAL DISPUTE RESOLUTIONYou and AgentStory agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to AgentStory in any way (collectively, "Covered Dispute Matters") will be resolved in accordance with the provisions setforth in this Section. If You have any dispute with Us, you and AgentStory agree that before taking any formal action, contact us at firstname.lastname@example.org and provide a brief, written description of the dispute and your contact information (including your email address) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with you.
21. MANDATORY ARBITRATIONBY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST AGENTSTORY ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST AGENTSTORY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST AGENTSTORY BY SOMEONE ELSE.
- (a) Arbitration Procedure. You and AgentStory agree that any dispute, claim or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by binding arbitration between you and AgentStory, and not in a court of law. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Florida. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.
- (b) Exceptions to Our Agreement to Arbitrate Disputes.There are only two exceptions to this Agreement to arbitrate: (i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief without bond in any court of competent jurisdiction or (ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
- (c) Who Bears the Costs of Arbitration? You and AgentStory agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that AgentStory is relieved of its obligation to reimburse you for any fees associated with the arbitration.
- (d) Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this Agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against AgentStory prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and AgentStory If you do not agree to these amended terms, you shall not access or use the Services, and the revised terms will not bind you.
- (e) Judicial Forum for Legal Disputes. If the Agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to arbitrate, as a result of a decision by the arbitrator or court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and AgentStory must be resolved exclusively by a state or federal court located in Miami-Dade County, Florida. You and AgentStory agree to submit to the exclusive personal jurisdiction of the courts situated in Miami-Dade County, Florida, for the purpose of litigating all such claims or disputes.
- (f) Arbitration Opt-Out Procedure.If you are a new user, you can choose to reject the agreement to arbitrate provision by emailing us an opt-out notice to 4770 Biscayne Blvd, Suite 620, Miami, FL 33137, or via email to email@example.com (“Opt Out Notice"). The Opt Out Notice must be received no later than thirty (30) days after the date you accept the terms of this Agreement for the first time. If you are not a new user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice. To opt-out, you must email your name, address (including street address, city, state, and zip code), email address to which the opt out applies, and an unaltered digital image of your valid driver’s license to firstname.lastname@example.org. This procedure is the only way. You can opt out of the Agreement to arbitrate. If you opt out of the Agreement to arbitrate, all other parts of this Agreement and this Disputes Section will continue to apply to you. Opting out of this Agreement to arbitrate does not affect any previous, other, or future arbitrationagreements that you may have with AgentStory you waive certain rights. By agreeing to this agreement, you now irrevocably waive any right you may have (i) to a court trial (other than small claims court as provided above), (ii) to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against Us and/ or related third parties, and (iii) to a trial by jury even if any arbitration is not required under this agreement. Statute of limitations for your claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, services, or this agreement must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.
- (g) Applicable Law.You and We agree that United States federal law, including the Federal Arbitration Act, and (to the extent not Inconsistent with or pre-empted by federal law) the laws of the State of Florida, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the Services.
22. CLASS ACTION WAIVERAny arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
23. ENTIRE AGREEMENTUnless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
24. RELIANCE ON INFORMATION POSTEDCommentary and other materials posted on the Services is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the Services, or by anyone who may be informed of any of its contents.
No information or content on the Services is a replacement for performing your own due diligence, exercising good judgment, and seeking financial, investment, tax, or legal advice from qualified and licensed professionals with knowledge of your personal circumstances.
25. CHANGES TO TERMWe reserve the right, in our sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
26. RELATIONSHIP BETWEEN THE PARTIESThe parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.
27. SEVERABILITYIf any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
29. EXPORT CONTROLSThe Services may not be exported or re-exported by you to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Services.
30. NOTICE TO CALIFORNIA RESIDENTSIf 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 service or to receive further information regarding use of the service.
MISCELLANEOUS31. These Terms constitute the entire agreement between you and Us relating to your access to and use of the Services. When you purchase any services from AgentStory, The Services are controlled and operated from within the United States. Without limiting anything else, We make no representation that the Services, information or other materials available on, in, or through the Services are applicable or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of AgentStory to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
We welcome your questions or comments regarding these Terms:
4770 Biscayne Blvd, Suite 620
Miami, FL 33137