Introduction

At AdventAgent, LLC, our goal is to bring communities together and help empower real estate professionals to more effectively build and maintain relationships. These Terms of Service (“Terms”) were created to outline our commitment to our customers and the responsibilities and rights surrounding the use of our services. Please review carefully and feel free to respond with any questions. If you do not agree to our Terms, do not use our services. By clicking “Submit” or using this Site, you are agreeing to be bound and comply with these Terms.

AdventAgent, LLC provides a web-based solution for Real Estate agents (“Agents”) that involves building dedicated websites (“Websites”) that include a consolidated list of vendors and merchants (“Vendors”) within their communities that is shared with new, current or potential clients (“Visitors”).

Acceptance of Terms

The use of all of our products and services (collectively, “Services”) is governed by these Terms which is in effect while accessing any and all parts of the Services. You agree to be bound to these Terms and you agree that we may automatically make changes, updates or add ons to our Services and that this Agreement will apply to those changes. “You” refers to any individual or entity that is using our Services whether Agent, Vendor or Visitor. By accessing or browsing any aspects of our Services, you agree to be subject to these Terms of Use and acknowledge that you have read, understood and agree to be legally bound by these Terms and conditions of the AdventAgent, LLC Privacy Policy. If you use our Services on behalf of another entity or person, you warrant and represent that you are thereby authorized to accept the Agreement on that entity or person’s behalf and that if you, or that entity or person, violates the Agreement, you and that entity or person agree to be responsible to us.

Your Account

When using our Services requires an account, you agree to submit accurate and complete information that will be kept current so that we can keep you informed and communicate with you regarding your account at any time. Access to our Services may be limited while we verify your account information. You are solely liable for all activity and also agree to not share or misuse your access credentials and will notify us immediately if there is any unauthorized use of your account or any breach of security. You also agree that if we believe your account has been compromised, we may suspend or disable it at any time. We observe the right and are under no obligation to accept or allow any individual to register for Services and have the ability to reject any submission at our sole and complete discretion.

By accepting these Terms, you consent to having AdventAgent, LLC send information updates via text and email (standard messaging rates apply). We may send emails and updates including changes to our Terms of Service or Privacy Policy or to let you know about complaints, questions or legal inquiries we receive about how you are using our Services so that you can effectively respond. You also agree that we may contact you with ongoing training, tools, education and other communications and that you may choose to opt out of any marketing communications whether by email, phone or text message.

Responsibilities of Users

We have not reviewed or will review all of the content, links and information contained within AdventAgent, LLC Websites and are not responsible for any use or subsequent communication within any third-party website or Vendor listed within these Websites. You acknowledge that our Websites will include access to multiple Vendors and third-party providers. Among other things you agree that:

•   A listing or link to any Vendor within or from any one of our Websites does not represent or imply that we endorse a third-party Vendor or website. You also acknowledge that third party Vendor links are subject to their own Privacy Policies and we assume no responsibility for their site or services therein.
•   We do not endorse any Agent or Vendor-provided content or represent that it is accurate, useful or not harmful. We also do not guarantee that any created content provided by the Agent or Vendor is not offensive, indecent or objectionable; includes technical inaccuracies, typographical mistakes, or other errors; or violates or infringes on privacy, publicity rights, intellectual property rights, or other proprietary rights of those third parties. We reserve the right to disable any Website at any time.
•   We are not responsible for any harm that results from a Visitor’s access, use, purchase or other aspect of content that is included or for any harm resulting from third-party websites, services or result from any communication provided within our Websites.
•   Any services, products or transactions that result from the listing of any Vendor within our Websites is solely the responsibility of that Vendor, so you must look to the Vendor or applicable party for any damages that result from contacting, communicating, purchasing or using any services offered from Vendors.
•   You will use your best judgement regarding the information included within our Websites and acknowledge that we cannot guarantee or warrant that any listed Vendor is licensed, capable, qualified, authorized or registered to perform any of the said services listed.
•   We are not a party to and will have no responsibility or liability for any communications, transactions, interactions or disputes between you and the provider of any services, products or work performed by any Vendor or content provided through Websites. You hereby accept all risks associated with the engagement of any Vendor and release and forever discharge AdventAgent, LLC, their employees, Agents, contractors, affiliates, or volunteers from any and all responsibility or liability from injuries or damages to my person or personal property, damage, loss, or theft of property resulting from or connected with the use of any Vendor listed or provided through these Websites.

Purchase Policy, Refunds & Cancellation

You acknowledge that creation, initiation and membership of a Website requires both a set-up fee and an ongoing monthly fee to maintain the Website and all applicable content that is created. Membership will automatically renew monthly and we reserve the right to pause or cancel membership at any time. You acknowledge that Agents will have the opportunity to establish and charge monthly advertising fees to Vendors and that these fees and amounts shall be set at the sole discretion of the Agents and proceeds from monthly charges will be granted to the Agent, less a monthly service charge.

If you are not satisfied with any of the Services, you may request a refund for any Website fees within 48 hours of purchase. After that, no refunds are available. Membership within the site may be cancelled at any time and upon cancellation your member account and Website will be disabled at the expiration of the current month for which you have already paid.

Representation and Warranty

You agree that AdventAgent, LLC Services and Websites do not provide advice and are for informational purposes only. These Services also do not in any way cover any portion of any transactions that are conducted as a result of the use of providers within the site. The use of any suggested vendor or merchant listed within these Services is in no way guaranteed or warranted and any mention of these services, merchants or vendors is for informational purposes only. You acknowledge that AdventAgent, LLC is an intermediary and although we have limited responsibilities associated with our platform, we are not a participant in any services rendered by Vendors based on usage of the Websites.

You agree that Visitors, Agents, Vendors and any other users of our Services and associated Websites assume complete risk and total responsibility of their use of the Websites and any of the Vendors products or services and that participation of any of the related Vendor services are provided “as is” and on an “as available” basis without any express or implied warranties or representations whatsoever with regard to the Websites, products or any Vendor information provided through the Websites, third party links and AdventAgent, LLC shall not be liable for any cost or damage caused directly or indirectly from any such use, it is your sole responsibility to evaluate completeness, accuracy and usefulness of all Vendor services, advice or other information provided through the Websites. We also do not warrant that Websites will be error-free, that defects will be corrected or that Website service will be uninterrupted. AdventAgent, LLC is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites are written in English and make no warranty regarding translation or interpretation of content in any language. 

Use of the Websites

Unless otherwise stated, AdventAgent, LLC owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved. You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. The following uses are not permitted:

•   Republication of content from the Websites, unless content is specifically and expressly made available for republication;
•   Sale, rental or sub-license of any content from the Websites;
•   Reproduction or duplication of any content on the Websites for commercial purposes;
•   Modification of any content on the Websites, unless content is specifically and expressly made available for modification;
•   Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Websites is included.

From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of AdventAgent, LLC’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to AdventAgent, LLC.

You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without AdventAgent, LLC’s express written permission. You must not use the Websites to transmit or send any unsolicited commercial communications. You must not use the Websites for any third-party marketing without AdventAgent, LLC’s express written permission.

Copyright

Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by AdventAgent, LLC or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

Trademarks

AdventAgent, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not AdventAgent, LLC’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits AdventAgent, LLC. Vendor listings may include publicly available trademarks owned by Vendor organizations and these trademarks are the respective property of their owners.

Grant of Rights

You grant AdventAgent, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to AdventAgent, LLC. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant AdventAgent, LLC the right to sub-license these rights and the right to bring an action for infringement of these rights.

Content Contributed

 Any content you contribute to AdventAgent, LLC, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or AdventAgent, LLC or a third party. AdventAgent, LLC reserves the right to edit or remove: (i) any material submitted; (ii) stored on AdventAgent, LLC’s servers; or, (iii) hosted or published on the Websites. AdventAgent, LLC takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding AdventAgent, LLC’s rights under the Terms of Use, AdventAgent, LLC does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.

Comment Policy

AdventAgent, LLC may offer the option for you to leave comments, engage with posts or otherwise communicate in publicly available sources such as Facebook Groups where content may be contributed or uploaded. The following types of comments will not be tolerated and will be deleted where possible. This includes:

–          harassment directed toward any content creator or AdventAgent, LLC;

–          spam;

–          hate speech;

–          defamatory to AdventAgent, LLC or any third party:

–          reference illegal acts; or,

–          violate the legal rights of a third party.

AdventAgent, LLC’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

Communication

If you send AdventAgent, LLC an email, register an account or provide your email to AdventAgent, LLC in any other way, you consent to receive communications from AdventAgent, LLC electronically. You agree that all legal notices provided via electronic means from AdventAgent, LLC satisfy any requirements for written notice.

Third Parties

AdventAgent, LLC Websites contain links to third-party websites that are not governed or controlled by AdventAgent, LLC. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. AdventAgent, LLC assumes no control or liability over the content of any third-party sites. You expressly hold harmless AdventAgent, LLC from any and all liability related to your use of a third-party website. Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, you expressly hold AdventAgent, LLC harmless from any and all liability in any dispute.

Limitation of Liability

AdventAgent, LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify and hold AdventAgent, LLC, its members, employees, officers, directors, managers and Agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which AdventAgent, LLC suffers as a result of Vendor or third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Arbitration

The Terms of Use will be governed and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Palm Beach County, Florida. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

Miscellaneous Provisions

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without AdventAgent, LLC’s prior written consent; however, the Terms of Use may be assigned by AdventAgent, LLC in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by AdventAgent, LLC.

All notices with respect to the Terms of Use must be in writing and may be via email to info@AdventAgent.com.