Pro Agent Solutions Terms and Conditions
This is a legally binding contract between you and Fundamental Cloud Inc. D/B/A Pro Agent Solutions™, so please read the entire terms of service carefully before accessing the Pro Agent Solutions™ system. Pro Agent Solutions is willing to provide you internet based services only on the condition that you accept these terms of service.
1. Terms Used In this agreement:
- a) Pro Agent Solutions, the internet services operated by Fundamental Cloud Inc., a Colorado Corporation.
- b) “User” means any user of a Pro Agent Solutions service.
2. Nature of the Services:
Pro Agent Solutions offers a web-based service to provide home seller’s information regarding the feedback from prospective buyers of their home. The information is provided via e-mails and posting the requested feedback on the seller’s listing record. There are other features of the service as well. Information is solely to be used for the purpose of providing accurate feedback to home sellers.
3. Pro Agent Solutions is only a Venue:
Pro Agent Solutions’ fee structures are subject to change at any time and for any reason and Pro Agent Solutions reserves the right to modify the membership program, dues, fees, charges or rates at any time upon 30 days prior written notice sent by message to the e-mail address you have registered in your membership account. You as the user are responsible for paying all applicable taxes for services and any other costs you incur through the use of access to our servers. Subscription terms are month to month unless otherwise agreed upon. Unless otherwise agreed, subscriptions can be cancelled at anytime before the next billing cycle by going to the MY BILLING section of the application and cancelling directly from your account. Cancellations are not allowed by phone or email. If you need assistance please email firstname.lastname@example.org. Subscriptions are pre-paid and days not used will not be credited back to the subscribers credit card.
- Free Trial Periods: If you sign up for a free trial promotion, you are responsible for account cancellation prior to the end of your free trial term. Failure to cancel will result in charges as agreed on your registration page and no credits will be issued.
- Amounts: Each member will be charged the amount that they agreed to on the registration page, in the written contract or any subsequent modifications of the contract. All subscriptions will be billed a minimum of one full month for any part of the month the Pro Agent Solutions service was used. Individual accounts shall not be used for teams, offices or multiple users.
- Account Discrepancies: You may always contact Pro Agent Solutions customer service by e-mail at email@example.com. However, if your inquiry is not resolved to your satisfaction within fifteen (15) business days of sending the e-mail and in no event later than ninety (90) days after invoice date, you must write to Pro Agent Solutions, PO Box 6752, Denver, CO 80206 by United States mail. Failure to write within these time frames waives your right to question your invoice.
- Payment Methods: You must provide your exact billing address and telephone number to properly process your membership application and corresponding dues, fees and charges. Pro Agent Solutions accepts major credit cards including Visa, MasterCard, Discover and American Express as forms of payment. There is no surcharge for using your credit card to pay membership dues, fees and charges. To complete the membership application process you must submit an accompanying payment authorization. You must keep an acceptable and currently used credit card on file with Pro Agent Solutions. If your credit card expires or otherwise declines payment your access to the site is suspended. Thereafter you have thirty (30) calendar days from the date of your membership dues, fees and charges were posted to your membership account to submit payment in full. You are responsible for your membership dues, fees and charges, including collection and legal fees Pro Agent Solutions may incur in collecting a balance owed by you.
5. Responsibilities of Users:
By registering for the Pro Agent Solutions Services you represent that:
- a) You are of legal age and are otherwise capable of forming a legally binding contract.
- b) You are a Real Estate Agent, Real Estate Broker, Approved MLS Provider, Approved Technology Partner, Approved Strategic Partner, or a Home Seller.
- c) You will independently use appropriate government, public, consumer and other agencies or sources to verify Agent license status and background.
- d) You will always submit true, current, and complete information.
- e) You will not use any information other than to provide feedback on seller’s properties.
- f) You will not publish any information provided on any of the Pro Agent Solutions websites by distributing the information in any way including, but not limited to web, email or print media.
- g) You will not take any action that may undermine the feedback system, including, without limitation: leaving positive feedback for yourself by editing agent’s feedback, leaving false negative feedback.
- h) You will not use any Pro Agent Solutions services to impersonate or portray another person or entity, to communicate under a false name you are not authorized to use, or otherwise engage in false or fraudulent practices.
- i) You are not an unapproved technology company or competitor accessing the site for competitive purposes.
6. Acceptable Use of Pro Agent Solutions
Pro Agent Solutions is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things: use the Service for any unlawful purposes or for promotion of illegal activities; post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; send spam; publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; access, tamper with, or use non-public areas of the Service, Pro Agent Solutions’s computer systems, or the technical delivery systems of Pro Agent Solutions’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”); violating or facilitating the violation of (i) any applicable laws or regulations that prohibit engaging in any unsolicited advertising, marketing, or transmission of communications; (ii) any applicable anti-spam laws or regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act; or (iii) applicable data protection or privacy laws, regulations, or legislation; using the Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, email, or faxes; forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the Service.
7. Use of Information:
The Pro Agent Solutions™ system acts solely as a passive conduit for feedback information provided by Real Estate Agents and prospective purchasers of property. Your information and the offering or seeking of services on Pro Agent Solutions shall not infringe Pro Agent Solutions or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not contain viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and shall not promote services that you do not have a right to link to or include. Furthermore, you may not post on our site or offer through our site any; service or product that could cause Pro Agent Solutions to violate any applicable law, statute, ordinance or regulation, or any service or product that is not related to the real estate services that you are permitted to perform under applicable laws or regulations, or any service that is not considered a real estate service. By utilizing the service you acknowledge that email addresses entered by you may be contacted by Pro Agent Solutions for any purposes of doing business with Pro Agent Solutions
You will not send any e-mail including any viruses.
9. Release, Waiver and Indemnification:
In all circumstances and without limitation, you release Pro Agent Solutions (and our successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees) from claims, liability, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes.
Without limiting any other remedies, Pro Agent Solutions may issue a warning, temporarily suspend, indefinitely suspend or terminate your Pro Agent Solutions membership, and delete any information provided via your user name.
11. System Integrity:
You as a user agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Pro Agent Solutions or any information posted via the site. If you are issued a password, you agree not to disclose your password to any third party or use your password for any unauthorized purpose.
12. Web Links:
Pro Agent Solutions may display URLs or icons that allow users to link to other web sites, including, without limitation, sites operated by other Real Estate Agents. Any content, representations or warranties made on such other web sites are the sole responsibility of the operator of the site, and Pro Agent Solutions assumes no liability, obligation, or responsibility for such content, representations, or warranties.
13. Cost of Enforcement:
If we have to take action to collect on your account or to otherwise enforce this agreement, you will be responsible for all attorneys’ fees, costs and expenses associated therewith.
14. No Warranty:
WE AND OUR SUPPLIERS PROVIDE THE PROAGENTSOLUTIONS.COM WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
15. Limit on Liability:
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY OTHER THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
16. General Compliance:
You as a user agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of service.
17. No Agency:
Pro Agent Solutions is completely independent from you. You and Pro Agent Solutions agree we are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchisor or other type of relationship and no such relationship is intended or created by this agreement.
18. Change of Terms:
19. Governing Law:
This agreement shall be governed in all respects by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents without giving effect to Colorado conflict of laws provisions or those of your actual state or country of residence.
In the event of any dispute, the party will provide written notice and provide the other party 30 days to remedy the situation. Written notice to Pro Agent Solutions will be via email to firstname.lastname@example.org. In the event that the parties are not able to remedy the situation, the matter will be submitted to a mediator to be agreed upon by the parties upon written notice of either party. In the event mediation is not successful, such dispute shall be resolved exclusively by confidential binding arbitration with the Denver, Colorado branch of JAMS to be governed by JAMS’ commercial rules of arbitration in effect at the time of the commencement of arbitration and heard before one arbitrator. Each party shall bear its own attorneys’ fees, expert witness fees, and costs incurred in connection with any arbitration.
The services hereunder are offered by Pro Agent Solutions, a Colorado Corporation located at PO Box 6752, Denver CO 80206. Pro Agent Solutions complies with all applicable laws. Pursuant to Colorado Civil Code, if you are a Colorado resident you:
- May have these terms and conditions e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.
- May obtain service pricing information on membership dues, fees, charges and rates by reviewing these terms of service, sending a letter to the foregoing address and a request for this information.
- May contact the State of Colorado Consumer Protection Division which maintains a complaint assistance unit which accepts correspondence directed to 1525 Sherman Street, 5th Floor, Denver, CO 80203, or by telephone at 720-508-6000.
21. Entire Agreement: