Last updated March 18, 2015
Mountain of Agents, LLC (referred to as Mountain of Agents™, "us", "we" and "our") provides an online service that offers consumers a place to find real estate agents in their geographic area and to rate and review those agents for other consumers on www.mountainofagents.com (the "Site"). Mountain of Agents also provides real estate agents with the opportunity to market to consumers through the Site. The services available on the Site, including, without limitation, ratings, reviews, leads, and agent profile upgrade services offered to real estate agents pursuant to the Upgrade Terms Agreement are referred to as the "Services."
Unless specified otherwise, Mountain of Agents offers you access to the Services solely for your informational, personal and non-commercial uses.
You agree to only access or use the Services for lawful purposes that are permitted by these Terms. You agree not to:
Any breach of the above terms will result in an immediate ban from the Services. If you are a registered member, you will be removed from our database and your account will be deleted permanently.
Except with the express written permission of Mountain of Agents, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services or create links from any website to any page within the Services.
You agree that Mountain of Agents may in its sole discretion and at any time terminate your access to and use of the Services, with or without notice. Mountain of Agents reserves the right, in its sole discretion, to modify or discontinue the Services or any portion of the Services, with or without notice, and without liability to you.
If you are a real estate agent, you may create a profile through the Services by providing certain information that is required, including your name, area of expertise, office phone number, email address, agency name and address and links to social media accounts. By creating a profile, you represent and warrant that you are licensed as a real estate agent and Mountain of Agents is entitled to rely on this representation. You must immediately notify us in writing if you are not licensed or if your license has been suspended or revoked. Whenever you provide information through the Services, you agree to: (a) provide true, accurate, current and complete information; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Mountain of Agents may without notice suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion of the Services).
By creating a real estate agent profile, you consent to being rated and reviewed and agree that you cannot make any claim against Mountain of Agents based on ratings or reviews. For security reasons, reviews are not displayed on your profile by default. If you are dissatisfied with public ratings and reviews, your sole remedy is to remove your profile.
When creating a real estate agent profile, you will be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Mountain of Agents of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Mountain of Agents may otherwise have, Mountain of Agents reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Services and your account, including, without limitation, terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Mountain of Agents may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Mountain of Agents be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Mountain of Agents under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
You understand and agree that the Services do not include any promotional or advertising services provided by Mountain of Agents and that you are entirely responsible for promoting or advertising your profile and/or services. Mountain of Agents makes no promises and is not responsible for any particular outcome relating to your use of the Site or the Services.
Real estate agents, as part of the Services, may upgrade their profile to appear first in search results. Any real estate agent upgrading their profile is subject to the Upgrade Terms Agreement.
The Services include the opportunity for Users to rate and review real estate agents by selecting one to five stars, based on a typical Likert scale (the "Rating System"). All real estate agents start off with no ratings or reviews.
"Content" means all the content provided by a person, website, software, application or the like, including all real estate agent profile information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature information, advertisements and other content or materials (collectively, "Content"). All Content on the Site ("Mountain of Agents Content") is owned by Mountain of Agents with all rights reserved unless otherwise noted. You may access and use the Mountain of Agents Content through the Services solely for informational, personal and non-commercial purposes. You are strictly prohibited from downloading, modifying or making any other use of the Mountain of Agents Content, except with express written consent of Mountain of Agents.
You agree that Mountain of Agents only provides a forum for Users to communicate with each other and provide and share Content in connection with use of the Services. All Content provided or Transmitted (as defined below) by a User, including any information related to real estate agent profile, is referred to in these Terms as "User Content." Mountain of Agents does not screen or approve User Content and Mountain of Agents will have the right (but not the obligation), in its sole discretion, to refuse, modify or delete any User Content, for any reason. It is solely your responsibility to thoroughly investigate the veracity of any User Content, including professional expertise, qualifications, certifications and any other claimed acknowledgements.
The Services may include links to third-party websites, including, without limitation, facebook.com, twitter.com. linkedin.com, pinterest.com, google.com, youtube.com ("Third-Party Sites"). Additional terms may govern the use of Third-Party Sites and you should review the terms on any Third-Party Site prior to use of such website. MOUNTAIN OF AGENTS DOES NOT CONTROL THIRD-PARTY SITES AND DISCLAIMS ANY LIABILITY ARISING FROM YOUR USE OF THIRD-PARTY SITES. Your use of Third-Party Sites will be governed by the policies on those Third-Party Sites. Nevertheless, your use of the Services will at all times be governed by these Terms as well.
You understand that all Content provided by any third party, including Users other than you, ("Third-Party Content") contained within the Services is the sole property and responsibility of the third-party originator of such Third-Party Content. You agree that Mountain of Agents does not screen or approve Third-Party Content and that Mountain of Agents will have the right (but not the obligation), in its sole discretion, to refuse, modify or delete any Third-Party Content, for any reason.
Mountain of Agents does not endorse or assume any responsibility for any Third-Party Sites or Third-Party Content. If you access or use a Third-Party Site from the Site, you do so at your own risk and you agree that Mountain of Agents will have no liability arising from your use of or access to any Third-Party Site or arising from Third-Party Content.
YOU WAIVE ANY AND ALL CLAIMS, DEMANDS, LIABILITY AND DAMAGES (DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, YOU MAY HAVE AGAINST MOUNTAIN OF AGENTS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIRD-PARTY CONTENT OR USER CONTENT OR CONNECTED WITH YOUR USE OF THIRD-PARTY SITES.
To the extent that you post, upload, input, submit or otherwise transmit, including any real estate agent profile-related information, (collectively, "Transmit" or "Transmitting," as appropriate) User Content, you agree to provide true, accurate and complete information including professional expertise, qualifications, certifications and any other claimed acknowledgements, and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all User Content that you provide or otherwise make available through the Services. You warrant and represent that you own or otherwise control all of the rights to such User Content, including all the rights, permissions and consents necessary for you to Transmit such User Content and to transfer your or others' interests in such User Content to Mountain of Agents as provided by these Terms. You agree not to use the Services to Transmit any User Content that:
You agree that Mountain of Agents will have unrestricted right to use, publish, display, distribute, copy, modify, make derivatives of and otherwise commercialize or exploit any and all User Content that you Transmit through the Services and you waive any claims against Mountain of Agents for any alleged or actual infringements of any rights of privacy or publicity, moral rights or rights of attribution in connection with the use of any User Content you Transmit. Furthermore, by Transmitting User Content through the Services, you grant Mountain of Agent the right to grant sublicenses to the User Content.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, MOUNTAIN OF AGENTS CONTENT, USER CONTENT, THIRD-PARTY CONTENT AND/OR THIRD-PARTY SITES IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOUNTAIN OF AGENTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS OR TIMELINESS OF THE SERVICES, MOUNTAIN OF AGENTS CONTENT, USER CONTENT, THIRD-PARTY CONTENT AND/OR THIRD-PARTY SITES. MOUNTAIN OF AGENTS DISCLAIMS ANY WARRANTY FOR SERVICES PROVIDED BY ANY THIRD PARTY, INCLUDING THOSE PROVIDED BY OTHER USERS OR REAL ESTATE AGENTS. MOUNTAIN OF AGENTS MAKES NO WARRANTY THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. YOU WAIVE ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
You agree to indemnify and hold harmless Mountain of Agents, its third-party vendors, affiliates, members, managers, officers, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable attorneys' and professionals' fees and court costs (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to: (i) your access to or use of the Services, including the Rating System, Mountain of Agents Content, User Content, Third-Party Content and/or Third-Party Sites; (ii) User Content provided or Transmitted by You; (iii) your breach of any of these Terms, including, without limitation, your failure to comply with all applicable federal, state and local laws, rules and regulations; or (iv) a relationship, deal, promise, agreement or other transaction arising from the use of the Services, Mountain of Agents Content, User Content or Third-Party Content. You agree that under no circumstances will Mountain of Agents indemnify you.
IN NO EVENT WILL MOUNTAIN OF AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, THE ACTIONS OR FAILURE TO ACT OF ANY AGENT ADVERTISED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY MOUNTAIN OF AGENTS CONTENT, USER CONTENT, THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOUNTAIN OF AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY PRODUCTS, SERVICES, MOUNTAIN OF AGENTS CONTENT, USER CONTENT OR THIRD-PARTY CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH USE, INCLUDING ANY TRANSACTIONS RESULTING FROM THE USE OF THE SERVICES OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
These Terms will be construed pursuant to, and in all respects governed in accordance with, the laws of the Commonwealth of Pennsylvania without regard to the law of conflict of laws and without regard to any rule of construction or interpretation relating to which party prepared these Terms.
You consent to the exclusive jurisdiction and venue of the Court of Common Pleas of Bucks County, Pennsylvania and the federal courts located in the Eastern District of Pennsylvania for the resolution of all disputes between you and Mountain of Agents. YOU WAIVE ANY OBJECTION THAT IT MAY HAVE TO THE LAYING OF THE VENUE OF ANY SUCH PROCEEDING AND ANY CLAIM OR DEFENSE OF INCONVENIENT FORUM. You agree that the Services will be deemed solely based in Pennsylvania and the Services will be deemed passive such that the Services do not give rise to personal jurisdiction over Mountain of Agents, either specific or general, in jurisdictions other than Pennsylvania. Access or use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this paragraph. YOU AGREE TO WAIVE YOUR RIGHTS TO TRIAL BY JURY. You agree to accept service of process by regular U.S. mail, postage prepaid.
Notwithstanding anything to the contrary in these Terms, Mountain of Agents may seek injunctive or other appropriate relief, without the need to post a bond, in any state or federal court in the Commonwealth of Pennsylvania to the extent you infringe or otherwise violate Mountain of Agent's or a third party's intellectual property rights.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Mountain of Agents as a result of these Terms or accessing or using the Services.
These Terms, together with any amendments and any additional agreements you may enter with Mountain of Agents in connection with the Services, will constitute the entire agreement between you and Mountain of Agents concerning the Services.
In the event one or more of the provisions of these Terms is, for any reason, held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision may be modified or amended by the court to the extent necessary to remove the invalidity, illegality or unenforceability. Should the amendment or modification of such provision be impossible, these Terms will be construed as if it never contained the invalid, illegal or unenforceable provision and such provision will not affect any other provision of these Terms.
All notices related to these Terms must be sent via email to support (at) mountainofagents.com.
No delay or omission in exercising any right under these Terms will be deemed to constitute a waiver of such right. Waivers, to be effective, must be in writing and signed by the party against whom they are sought to be enforced. The waiver of a breach of any provision of these Terms will not operate or be construed as a waiver of any subsequent breach.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, by operation of law or otherwise.
Nothing in these Terms will prevent us from complying with the law. You agree to comply with all applicable federal, state or local laws, rules and regulations when using or accessing the Services. If you are a real estate agent, by accessing or using the Services, you agree that you are aware of all of the laws, rules and regulations governing, regulating or otherwise affecting real estate agents and you agree to comply with such laws, rules and regulations.
These Terms does not confer any third-party beneficiary rights.
You will pay Mountain of Agents' costs and attorneys' fees in the event of a dispute between you and Mountain of Agents regarding the interpretation or enforcement of these Terms that results in an arbitration or litigation, in which we prevail.
MOUNTAIN OF AGENTS AND THE MOUNTAIN OF AGENTS LOGO DESIGN (THE "TRADEMARKS") ARE TRADEMARKS OWNED BY MOUNTAIN OF AGENTS, LLC.
All Mountain of Agents Content (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Mountain of Agents, its corporate affiliates or its third-party vendors. ©2015 Mountain of Agents, LLC, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials is permitted without the written permission of Mountain of Agents. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Mountain of Agents' Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Mountain of Agents respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted through the Services in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Mountain of Agent's Copyright Agent the following written information:
Mountain of Agent's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Mountain of Agents Copyright Agent
125 Locust Street
Harrisburg, PA 17101
Please direct all inquiries regarding the Site, Mobile Software or Services to support (at) mountainofagents.com.