Be sure to carefully read and understand all of the rights and restrictions described in this Terms of Service (this “Agreement”). Access and use of NoMoreAgent.com (“Site”), operated by Inside Out Productions dba NoMoreAgent (“NoMoreAgent,” “we,” or “us”) constitutes your acceptance of these terms and conditions and your agreement to abide by them. This Agreement is a legal agreement between you and NoMoreAgent for the use of the Site. By using the Site, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the Site.
1. The Services NoMoreAgent is an advertising and marketing services company that offers, advertising, self- marketing and lead-gathering services to registered users who wish to sell their homes without a real estate agent. NOMOREAGENT.COM DOES NOT OFFER LICENSED REALTOR OR ATTORNEY SERVICES. Always consult a professional prior to handling a real estate transaction for sale. The Services include the Site, syndication of real estate listings, our VIP Call Answering Services, Instant Property Info, Text for Info Service, QR Codes, Lead Reports, Social Media Sharing, Optional Real Estate Forms, and other content, products, and/or services available on the Site and its affiliates.
NoMoreAgent.com also offers Flat Fee Multiple Listings Service (“MLS”) listings through our network of real estate brokers. Since NoMoreAgent.com is not a licensed real estate broker, MLS listings are referred out to one of our network brokers. By law, only licensed real estate brokers can list properties on the MLS.
The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Listing Syndication: When you pay for our Premier Plan, you can list your properties for sale on the Site. We will syndicate (i.e., submit for publishing) to third-party real estate sites like Zillow and others. Typically, listings will appear within 48 to 72 hours. However, NOMOREAGENT CANNOT GAUARANTEE WHEN LISTINGS WILL APPEAR ON THIRD PARTY WEBSITES. We are not responsible for postings showing up since this would be outside of our control. Properties that are listed on the MLS are syndicated to other third-party websites by the MLS, not by the NoMoreAgent.com site.
2. Customer Listing, Password, and Security. You may create a user name (your e-mail) and password in order to create an Account on the Site. You are responsible for maintaining the confidentiality of their user names and passwords. You are solely responsible for all activities that occur under your user name and password. You agree to immediately notify us of any unauthorized use of your user name and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME AND/ OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
3. Your Registration with the Site Certain features of the Site are accessible only to registered users. The right to register with the Site and to be issued a username, password, QR code, and/or text code by NoMoreAgent is available only to those individuals who provide to us the requested accurate, complete and current personal information. You must inform us of any changes to or updates of any personal information that you provide via the Site. You can submit changes or updates to NoMoreAgent.com by logging into the Site and editing your information. NoMoreAgent reserves the right to deny or revoke issuance of any username or password at any time and without prior notice.
4. Plans and Services If you purchase our Basic or Premier Plan, you will have access to our Syndication of real estate listings, our VIP Call Answering, Instant Property Info, Text for Info, QR Code, Lead Reporting, and Social Media Sharing services. VIP Call Answering Services: When you pay for our Premier Plan, NoMoreAgent.com reps will be available to take inbound phone calls and forward leads to you via email, text message, and your report dashboard. Instant Property Info: When you pay for our Basic or Premier Plan, you are able to list a property that is for sale and includes information about the property, photos, and videos. For the Premier Plan, leads will also be generated from buyer agents through the MLS. These leads will not come through your leads dashboard.
Text for Info Service: When you pay for our Premier Plan, we
will provide a unique SMS (text message) code for each property listing that
you can include in your advertising efforts. Potential buyers can
text your SMS code from their cell phones to a specified phone number in order
to receive a link to information about your property listing.
QR Codes: When you pay for our Basic or Premier, we will provide you with a direct linked QR code for each property listing that you can include in your advertising efforts. When a potential buyer uses a smart phone application to scan your unique QR code, s/he will be automatically taken to your property’s listing information on NoMoreAgent.com.
Lead Reports: All plans come give you access to a Lead Report Dashboard, which contains a table of each person and associated contact information who has completed an email contact form for your listing.
Social Media Sharing: Your listing will include sharing buttons that allow viewers of your property to share the listing with their friends by emailing them a link or sharing it on social media sites like Facebook, Twitter, Pinterest, Google+, StumbleUpon, and others.
Our Plans: If you register for a paid plan, you will be billed a one-time flat fee based on the duration you choose. You are responsible for notifying NoMoreAgent of the sale of the property and then removing the listing from the Web site (see Section 6). When you cancel your listing, it will be deleted from our website and all websites we syndicate to. We may charge you a surcharge not to exceed $50.00 for your failure to properly remove the listing after the property is sold, thus requiring NoMoreAgent to remove the listing itself. Our Premier plan provide that we will submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites.
Optional Items and Services: NoMoreAgent offers some products and services that are available for a one-time purchase fee.
Flat-Fee MLS Services: NoMoreAgent.com also offers Flat Fee Multiple Listings Service (“MLS”) listings through our network of real estate brokers. Since NoMoreAgent.com is not a licensed real estate broker, MLS listings are referred out to one of our network brokers. By law, only licensed real estate brokers can list properties on the MLS. Real estate brokers are not affiliated or employed by NoMoreAgent.com.
5. We Do Not Provide Real Estate Services to You. NoMoreAgent or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or other users; however, NoMoreAgent does not itself engage in real estate broker services on your behalf.
6. Refund Policy. If you are dissatisfied with our Basic Plan, we will refund the cost of the plan any time before you click “Activate” to list your property on the site. Once you set up your property on the site and click “Activate”, we cannot refund the cost of the plan. If you have purchased the Premier (MLS) Plan, you have 24 hours to request a refund. Additionally, once you set up your property on the site and click “Activate”, we cannot refund the cost of the plan. Lock Boxes and other items that are purchased separately on the site, shipping, handling, and any other tangible costs are not covered by this refund policy. NoMoreAgent will not offer a refund for any purchases of legal forms or contracts that you make through our affiliate partner, US Legal Forms.
7. SMS and Email Notification SMS (text messaging) and email notification are components of the communications utilities offered. Additional charges may be incurred by the user form your individual mobile services provider. NoMoreAgent is not responsible for these charges. NoMoreAgent WILL NOT BE HELD LIABLE FOR ANY SMS ERRORS, DELAYS, MISSED, DELETED, OR LATE-RECEIVED MESSAGES. ALL CARRIER FEES AND ALL CARRIER CHARGES WILL REMAIN THE RESPONSIBILITY OF THE OWNER OF THE MOBILE DEVICE.
8. Your Compliance With Fair Housing Regulations When you access and use the Site, you agree to abide by applicable federal and state housing regulations with regard to your access and use of the Site. You agree that by or through your access and use of the Site, you shall not discriminate in the sale or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin. For example, you may not list a property's availability to certain persons based on race, color, religion, sex, disability, familial status or national origin. NoMoreAgent reserves the right to refuse to list or post, or to edit, information submitted by you that discriminates on the basis of race, color, religion, sex, disability, familial status or national origin.
9. Code of Conduct You acknowledge and agree that: 1) Your use of this Site and the Services found at this Site, including any content that you submit, will comply with is TOS and all applicable local, state, national, and international law, rules, and regulations. 2) You will not impersonate another user or any other person or entity, or submit content on behalf of another user or any other person or entity, without their express prior written consent. 3) You will not collect or harvest (or permit anyone else to collect or harvest (any user content) as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent. 4) You will not use this Site or the Services found at this Site in a manner (as determined by NoMoreAgent, in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages, or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
- Promotes, encourages, or engages in child pornography or the exploitation of children;
- Promotes, encourages, or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
- Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another user or any other person or entity;
- Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding NoMoreAgent or its Services.
5) You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by NoMoreAgent. 6) You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies. 7) You will not access NoMoreAgent.com Content or user content through any technology or means other than through this Site itself, or as NoMoreAgent may designate. 8) You agree to accept as a risk the loss of any and all of your user content. 9) You will not use this Site or the Services found at this Site, including any of NoMoreAgent’s related technologies, for any commercial use without NoMoreAgent’s express prior written consent. 10) You agree to use this site for lawful purposes only and not to post or link to material that is unlawful, vulgar, profane, defamatory, abusive, or otherwise objectionable. You recognize that NoMoreAgent has the right to remove any material that it finds to be objectionable. 11) By posting or submitting content to this Site, you grant NoMoreAgent and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere, and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by NoMoreAgent will not infringe upon or violate the rights of any third party.
10. Intellectual Property Rights The names "No More Agent" and
"NoMoreAgent.com" and the No More Agent and NoMoreAgent.com logos and
graphics are trademarks of Inside Out Productions, LLC, and may not be used by
you without the prior express written permission by us, which permission may be
withheld in our sole discretion.
The proprietary information, data and content viewable on, contained in, or downloadable from, the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images and line art, are copyrighted by, or otherwise licensed to, NoMoreAgent. If you provide us with, or we obtain or otherwise provide, information on your property, including, without limitation, your name, contact phone number, property location, style, features, selling price and description, and any pictures and virtual tours of your property, you automatically grant NoMoreAgent the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
NoMoreAgent also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights to the Content.
You shall be solely responsible for any damage resulting from your infringement of NoMoreAgent’s intellectual property rights regarding the "No More Agent" and "NoMoreAgent.com" names, the No More Agent and NoMoreAgent.com logos and graphics, and/or the Content, and/or any other harm incurred by NoMoreAgent as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
11. Your Use of the Content Without the prior written consent of NoMoreAgent, you may
only print, download or otherwise use the Content in the form of: (i) one
machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your
non-commercial use; provided, however, that you shall not delete any
proprietary notices or materials with regard to the foregoing manifestations of
the Content. You may not modify the Content or utilize it for any commercial purpose
or any other public display, performance, sale or rental. You may not
decompile, reverse engineer or disassemble the Content in any way. You may not
use the Content to contact or otherwise solicit property buyers or sellers in
any way, except to contact the seller of a property with regard to purchasing
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of NoMoreAgent, which permission may be withheld in our sole discretion.
12. DMCA Notifications of Claims of
If you believe
that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please notify our agent for notice of claims of copyright or other
intellectual property infringement (“Agent”), at NoMoreAgent, 6688 Nolensville Rd. Ste. 108-144,
Brentwood, Tennessee 37027. Please provide our Agent with the
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (“DMCA”).
13. Access and Interference. Much of the information on this website is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from this website without the prior expressed written permission of NoMoreAgent and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of this website or any activities conducted on this website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this website.
14. No Representations or Warranties Regarding Content The Content is being provided to you on an "as-is" basis. NoMoreAgent does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content on the Site.
15. Your Responsibility for Equipment and Related Costs You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services, and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
16. Third Party Links There may be provided on the Site links to other websites
belonging to our advertisers, business partners, affiliates and other third
parties. Such links do not constitute an endorsement by NoMoreAgent of those
websites, nor the products or services listed on those websites. NoMoreAgent is
not responsible for the activities or policies of those websites.
NOMOREAGENT DOES NOT ENDORSE ANY REAL ESTATE AGENTS OR BROKERS, IS NOT A LICENSED BROKER OR AGENT, AND DOES NOT PROVIDE REAL ESTATE BROKERAGE SERVICES ASSOCIATED WITH MLS LISTINGS. THERE ARE NO GUARANTEES THAT YOU WILL BE ABLE TO SELL YOUR HOME ON YOUR OWN. ADDITIONAL SERVICES AND COSTS MAY BE REQUIRED FROM AN ATTORNEY OR TITLE INSURANCE COMPANY IN ORDER TO COMPLETE A SALE.
All MLS services are provided by local independent licensed brokers or agents and are not provided by or affiliated with NoMoreAgent. The brokers or agents with whom you may contract separately for such services and are solely liable for their services. This TOS does not cover any contract that you form with any outside third parties. Identify the material on our Site that you claim is infringing, with enough detail so that we may locate it on the Site; 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; A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature.
17. Limitations on Liability NoMoreAgent shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Site; (iii) your inability to access or use the Site for any reason; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content.
18. Your Indemnification of NoMoreAgent You shall defend, indemnify and hold harmless NoMoreAgent and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration or the listing of your property; (iii) your access or use of the Site; and/or (iv) access or use of the Site under any email address, username or password that may be issued to you.
19. Third Party Rights Under this Agreement This Agreement is for the benefit of NoMoreAgent and its affiliates, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on behalf of NoMoreAgent.
20. Amendments to this Agreement NoMoreAgent reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions, or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement, and the posting of the same in this Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of the same.
21. Remedies You acknowledge that NoMoreAgent may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, NoMoreAgent shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
23. Termination of this Agreement You may terminate or opt out of this Agreement at any time by contacting NoMoreAgent at firstname.lastname@example.org to close your account. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use of the Site. NoMoreAgent may terminate this Agreement or any usernames, passwords, QR codes, and/or text codes that may be issued to you, at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you.
24. Governing Law; Jurisdiction and Venue This Agreement is to be governed and construed in
accordance with the internal laws of the State of Tennessee, without regard for
principles of conflicts of laws. Any civil action, claim, dispute or proceeding
arising out of or relating to this Agreement, except for an injunctive action
regarding a breach or threatened breach of any provision of this Agreement by
you, shall be referred to final and binding arbitration, before a single
arbitrator, under the commercial arbitration rules of the American Arbitration
Association in Tennessee. The arbitrator shall be selected by you and
NoMoreAgent, and if you and NoMoreAgent are unable to reach agreement on
selection of the arbitrator within thirty (30) days after the notice of
arbitration is served, then the arbitrator shall be selected by the American
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and NoMoreAgent and your and NoMoreAgent’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or NoMoreAgent be entitled to punitive damages and both you and NoMoreAgent hereby waive your and NoMoreAgent respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
25. Miscellaneous If any portion of this Agreement is deemed unlawful, void,
or unenforceable by any arbitrator or court of competent jurisdiction, this
Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but
only that portion of this Agreement that is unlawful, void, or unenforceable
shall be stricken from this Agreement.
The enumerated headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by NoMoreAgent from time to time, shall survive your acceptance of this Agreement. This Agreement represents the entire understanding and agreement between you and NoMoreAgent regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same.