These Terms and conditions (hereafter “Terms”), constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MyBrokerage360 ("MyBrokerage360", “we”, “us”, or “our”), concerning your access to and use of the MyBrokerage360 service as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto where we provide a platform and tools to enable our users (“Clients”) handle the real estate industry lead management and response (collectively, the “Service” or “Services”).
You agree that by accessing the Site and making use of the service we provide, you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the site and you must discontinue use immediately.
These terms contain a binding arbitration agreement that states that any disputes between you and MyBrokerage360 must be resolved in binding individual arbitration or small-claims court and that you waive the right to participate in any class action.
Supplemental terms and conditions or documents that may be posted on the Site or presented to you separately from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the service after the date such revised Terms are posted.
1. Eligibility and Registration
If you are under the age of 13, you must not use MyBrokerage360. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use MyBrokerage360.
As a requirement for your registration, you acknowledge that you are in compliance with all real estate licensing and regulatory requirements applicable to real estate agents in your area and also have the appropriate insurance coverage.
You give consent to us to contact you via Email, SMS, text messaging and Push Notifications and also by third parties, if relevant, regarding our Services.
If you are using MyBrokerage360 on behalf of a company, partnership, association, government or other organization (your “Organization”), you warrant that you are authorized to do so and that you are authorized to bind your Organization to these Terms. In such circumstances, “you” will include your Organization.
2. Signing up and your Account security
In order to access and make use of certain MyBrokerage360 service, you may be required to create an account with us. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your name, email address and other contact information, and to create a user name and password (“Registration Information”). When signing up for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from MyBrokerage360 for any purpose.
Your account name, user ID and other identifiers you adopt within MyBrokerage360 remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for:
(a) safeguarding your account details, including any passwords used to access your account; you are solely responsible for keeping information about your account confidential and secure. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party and
(b) all use of MyBrokerage360 under your account, including any purchases made and/or payment obligations arising under your account. You must promptly notify us if you know or suspect that your password or account has been compromised.
We will regard all use of your account on MyBrokerage360 as being by you, except where we have received a valid and –properly received a notification to us regarding your account or password being compromised.
3. Pricing, Payment and Cancellation
Upon the purchase of a MyBrokerage360 service plan, you shall be billed for the chosen plan and shall be continually billed on a monthly basis except terminated.
MyBrokerage360 may change the price for the plan, including recurring subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept such changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the MyBrokerage360 Service after the price change takes effect.
If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect. You are required to pay the Service Charges promptly during the Contract Period or for as long as the Service Contract is in effect.
The Service Charge is automatically billed to your credit card on the monthly anniversary of the Service Contract throughout the Contract Period (the “Billing Cycle”). You are required to maintain and enter valid credit card information through the MyBrokerage360 web portal, and the Service Charge will be billed and charged to such credit card each month or year, as applicable.
When you purchase the MyBrokerage360 monthly subscription, your monthly subscription will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the applicable subscription period through the settings section on your MyBrokerage360 user account or by contacting our support center. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded from the paid subscription. We do not provide refunds or credits for any partial subscription periods. Upon the End User’s failure to pay any Service Charge, MyBrokerage360 reserves the right to limit or terminate your use of the Service and/or to terminate the Service Contract.
4. Mobile App/Software
You should be aware that there are certain things that we will not take responsibility for. The app requires an active Internet connection. The connection can be Wi-Fi or provided by your mobile network operator. We cannot take responsibility for the app not working without an Internet connection. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges.
5. Rights we grant you and Intellectual Property Rights
MyBrokerage360 grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policy permits.
The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of My Brokerage 360, or its affiliates or licensors and are protected by copyright, trademark and other laws. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
Unless otherwise indicated, the My Brokerage 360 trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
6. Contents made available by Other Users
Some of the content on our Services are made available on the platform by users, previous clients, and other third parties. Whether that content is posted publicly or not, the content is the sole responsibility of the person or organization that submitted it. Although MyBrokerage360 reserves the right to review or remove all content that appears on the Site, we do not necessarily review all of it. So we can not—and do not—take responsibility for any content that others provide through the Services.
7. Compliant about Copyrighted Content on the Platform
We respect the right of third-party content creators and content owners. And as such, Mybrokerage360 is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending a notice to our support with the following information:
i. Identify the proprietary rights that you claim are infringed. For example, identify your trademark or quote your copyrighted material. Provide a URL or link to where the material is located, if possible.
ii. Identify the website, webpage, posting, profile, feedback, or other material that you claim infringes your proprietary rights. Provide information reasonably sufficient to enable us to locate it.
iii. Identify yourself by name. Provide your address, telephone number, and email address.
iv. Provide contact information for the owner or administrator of the allegedly infringing material, if possible.
If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Mybrokerage360 a counter-notice. Notices and counter-notices should be sent to our appropriate support channel. In response to a Counter Notice, Mybrokerage360 may reinstate the allegedly infringing material. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the proprietary rights of others.
8. User Conduct and Prohibited ways in which you can’t make use of MyBrokerage360
You may not access or use the Site for any purpose other than that for which we make the service available. The Website must only be used for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
As a user of the Site, you agree not to:
• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
9. Account Termination or suspension
These Terms will apply to your use of MyBrokerage360 until your access to MyBrokerage360 is terminated by either you or us. You may terminate your use of MyBrokerage360, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of MyBrokerage360 or these Terms which you do not agree to).
If you violate these Terms, your permission to use the Services will automatically terminate. In addition, MyBrokerage360 in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.
After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but MyBrokerage360 may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services. If your access to MyBrokerage360 is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate; (b) you will immediately permanently delete all copies of MyBrokerage360 Software to which the termination relates and you will immediately cease accessing and using any such MyBrokerage360 services.
10. User-Generated Submission and Content
Subject to the limitations set forth herein, our Site may contain message boards, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Submission") on or through the Site.
User-generated submission and content are the contributions of independent users not affiliated with MyBrokerage360, whose opinions are their own. MyBrokerage360 does not guarantee the accuracy, integrity or quality of the opinions and advice posted on the site by users. Your use of any user submission provided in the Site is at your own risk.
Unless we indicate otherwise, by posting or submitting such User Submission to the Website, you grant MyBrokerage360 a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. MyBrokerage360 and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that (a) you own or otherwise control all of the rights to such User Submission; (b) that the User Submission is accurate; (c) that use of such submission does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify MyBrokerage360 for all claims relating to such submission.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content.
MyBrokerage360 may, but is not required to, monitor user submissions and content on the Site and reserves the right to edit, correct or delete any of such user content for any reason at our sole discretion.
11. Third-Party Services
Information from Third Parties: Some of the contents found on our website are from third-party sources and as such, you agree that any such advice and content is provided for information and education purposes only, and does not constitute legal, financial, or other advice from MyBrokerage360. You agree that MyBrokerage360 is not liable for any advice provided by third parties. You agree that you are responsible for your own research and decisions and that MyBrokerage360 is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on the information you receive as a user of MyBrokerage360.
Information Shared With Third Parties: In order to provide some of the services that we provide to you, we make use of certain third-party services to make such possible. For instance, you may need to provide certain information such as your credit card information, bank accounts and other sensitive financial information, to third parties that we work with when you want to a payment on the Site or engage in some other services that we provide. You agree that your decision to make available any sensitive or confidential information to such a third party is your sole responsibility and at your sole risk. MyBrokerage360 has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third party services are not under MyBrokerage360’s control and that MyBrokerage360 is not responsible for any third party’s use of your information.
13. Modifications and Interruptions
We cannot guarantee the service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the service during any downtime or discontinuance of the service. Nothing in these Terms will be construed to obligate us to maintain and support the service or to supply any corrections, updates, or releases in connection therewith.
You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless MyBrokerage360, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms or any applicable regulations or law.
15. Warranty and Disclaimer
We warrant to you that we will provide MyBrokerage360 using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, MYBROKERAGE360, THE SITE, AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVE ANY UNDERTAKING IN RELATION TO MYBROKERAGE360, ANY MYBROKERAGE360 SOFTWARE OR ANY DATA, MEDIA OR OTHER CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY MYBROKERAGE360, INCLUDING: (A) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT MYBROKERAGE360 OR MYBROKERAGE360 SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (B) THAT MYBROKERAGE360 OR MYBROKERAGE360 SITE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (C) THAT MYBROKERAGE360 OR MYBROKERAGE360 SERVICE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYBROKERAGE360 AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD-PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MYBROKERAGE360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MYBROKERAGE360’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF USD 100 OR THE AMOUNT YOU PAID MYBROKERAGE360, IF ANY, IN THE LAST 12 MONTHS.
17. Governing Law
These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
Any dispute or claim relating in any way to your use of our Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, MyBrokerage360 will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
20. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us.
This terms and conditions was last changed and posted on our Site on December 24, 2020.