Acceptance of Terms of Service
These Terms of Service are entered into by and between you and No Agent List, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your use of our services, which include No Agent List applications, https://www.noagentlist.com/ (the "Website"), features, technology, and content, accessed or delivered via any platform or device (the "Platform").
Please read the Terms of Service carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at [LINK TO PRIVACY POLICY], incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.
This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.
Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Platform
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Platform or the entire Platform.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Platform.
- Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Service and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to allinformation, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your continued compliance with these Terms of Service, we grant you a limited, non-exclusive, revocable, personal, and non-transferable license to access and use the Platform for your own personal, non-commercial use only. Except as expressly permitted by these Terms of Service, this license does not grant you any right to use, reproduce, distribute, publicly display, publicly perform, or provide access to any portion of the Platform on any third-party website, application, or service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any portion of the Platform or any software made available through the Platform, except to the extent this restriction is prohibited by applicable law.
- Reproduce, republish, scrape, frame, mirror, or otherwise make accessible on or through any other website, application, or service any property listings, listing images, map data, reviews, ratings, or other content available through the Platform, except as expressly permitted by these Terms of Service.
- Access or use any part of the Platform to build, train, or develop a competing product or service, or to compile, aggregate, or create a database of listings or other Platform content.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: legal@noagentlist.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company’s logo (including the NOAGENTLIST mark as displayed on the Platform), and all related logos, designs, and stylized marks are trademarks or service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners. You must not use any of the Company's trademarks as part of any username, screen name, or email address on or in connection with the Platform.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To provide, post, or authorize a link to any part of the Platform from any third-party website or application, except a real-estate-related website or application owned or operated by a licensed real estate or lending professional or institution.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
- To discriminate against, or to promote or facilitate discrimination against, any individual or class of individuals on the basis of race, color, religion, sex, national origin, familial status, disability, or any other characteristic protected under applicable federal, state, or local anti-discrimination or fair housing laws, or in any manner that may have an unlawful discriminatory impact.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, impair, or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform, or to bypass any CAPTCHA, rate-limiting, or other measures we may use to prevent or restrict access to the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
- Attempt to, or encourage, enable, authorize, or permit any third party to, engage in any of the conduct prohibited above.
Content Standards
These Content Standards apply to all User Contributions. User Contributions must comply with all applicable federal, state, local, and international laws and regulations, including, without limitation, the Fair Housing Act and all other applicable fair housing and anti-discrimination laws. Without limiting the foregoing, User Contributions must not:
- Promote any discrimination, or express or imply any preference, limitation, or discrimination, based on race, color, religion, sex, national origin, familial status, disability, or any other characteristic protected under applicable law, in connection with the sale, rental, advertising, or financing of any property.
- Be false, inaccurate, or misleading, including any property listing that misrepresents the property, its price, its availability, or the identity or authority of the person posting it.
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other right of any other person, or violate the legal rights (including rights of publicity and privacy) of others.
- Promote, advocate, or assist any unlawful act, or give rise to civil or criminal liability under applicable law.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Monitoring and Enforcement; Termination
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Copyright Infringement
If you believe that any Platform's content violates your copyright, please send us a notice of copyright infringement by email at legal@noagentlist.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
No Real Estate Brokerage Services; Listing Information
No Agent List is an independent platform that provides property listing information for buyers and sellers. The Company is not a licensed real estate broker, agent, or salesperson, does not act as a real estate broker or agent, and does not represent any buyer, seller, or any other party in any real estate transaction. The Company does not participate in, negotiate, or facilitate the purchase, sale, lease, or financing of any property. All real estate transactions and negotiations are conducted solely between the buyers, sellers, and other parties involved.
Property listings, map pins, and related information displayed on the Platform are provided by users and other third-party sources, are updated only periodically, and may not reflect real-time, complete, or accurate information at any given time. The Company does not independently verify, and does not guarantee the accuracy, completeness, currency, or availability of, any property listing, price, location, map pin, or other information made available through the Platform. You are solely responsible for independently verifying all property information and for conducting your own due diligence, including engaging your own licensed professionals, before relying on any information obtained through the Platform or entering into any real estate transaction. Nothing on the Platform constitutes legal, financial, tax, appraisal, or real estate advice.
Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Live Streams, Recordings, and Automated Communications
The Platform may offer live streaming, video, audio, or other interactive content or events, some or all of which may be recorded by the Company. Where a live stream or other session is recorded, the Company will provide notice that the session is being recorded. By participating in, speaking during, appearing in, or otherwise contributing to any recorded live stream or session after such notice is provided, you consent to being recorded and to the Company's use of the recording — including your name, voice, likeness, image, and any content you contribute — in connection with operating, providing, and promoting the Platform, in accordance with these Terms of Service and our Privacy Policy. If you do not consent to being recorded, you must not participate in the applicable live stream or session.
The Platform may also make available chatbots, virtual assistants, automated messaging, or other automated or artificial-intelligence-based communication features. Communications generated by these features are provided for general informational and convenience purposes only, may not be accurate or complete, and do not constitute legal, financial, real estate, or other professional advice. By using these features or otherwise providing your contact information, you consent to receive automated communications from or on behalf of the Company in accordance with our Privacy Policy and applicable law.
Paid Subscriptions and Other Terms and Conditions
The Platform may be accessed and used through different categories of users and subscription tiers. For purposes of these Terms of Service: (a) an "Unregistered User" is a user who interacts with the Platform without signing in through a registered account; (b) a "Guest User" is a user who interacts with the Platform through a registered account that is not subject to a paid subscription fee; and (c) a "Premium User" is a user who interacts with the Platform through a registered account that is subject to a paid subscription fee. Premium Users may be offered one or more paid subscription tiers that the Company may make available from time to time.
The features, content, tools, functionality, data access, listing access, communications functionality, and other services made available through the Platform (collectively, "Features") may differ by user category, subscription tier, account status, device, location, and other eligibility or technical criteria determined by the Company in its discretion. As a result, Unregistered Users, Guest Users, and Premium Users, and each subscription tier, may have access to different Features, and certain Features may be unavailable, limited, or subject to additional requirements.
The Company may add, remove, modify, suspend, restrict, or discontinue any Features, or change the Features available to any user category or subscription tier, at any time, with or without notice, except as otherwise required by applicable law. Company does not guarantee that any particular Feature, or any particular combination of Features, will always be available to any user, account type, or subscription tier for any period of time.
Any description of Features associated with a particular user category or subscription tier is for informational purposes only unless expressly stated otherwise in binding subscription terms provided at the time of purchase. Access to any Feature is subject to these Terms of Service, any applicable subscription or billing terms, and Company’s right to verify eligibility for, and compliance with the requirements of, the applicable user level or subscription tier.
Subscription Billing; Auto-Renewal; Plan Changes; Cancellation
Certain Features, subscription tiers, and other functionality of the Platform are offered on a paid basis (collectively, the "Paid Services"), including any premium user subscription tier and any other features, services, or functionality that the Company designates as paid or premium. If you enroll in any Paid Services, you agree to pay all fees, charges, taxes, and other amounts applicable to your selected subscription plan at the prices and on the billing terms presented to you at the time of purchase. Unless otherwise expressly stated, all fees are quoted in US Dollars ($) and are non-refundable except as required by applicable law or as expressly provided in these Terms of Service or any applicable subscription terms.
By purchasing a subscription, you authorize the Company and its third-party payment processors to charge your selected payment method on a recurring basis for all applicable subscription fees, taxes, and any other amounts you authorize, without requiring additional notice or consent before each charge, except as required by applicable law. You are responsible for providing and maintaining current, complete, and accurate billing and payment information, and the Company may suspend or terminate your access to any Paid Services if your payment method is declined, your account is overdue, or the Company is otherwise unable to collect amounts due.
Unless otherwise stated at the time of purchase, each subscription will automatically renew for successive periods equal to the initial subscription term (each, a "Renewal Term") unless you cancel before the renewal takes effect. You authorize the Company to charge the then-current subscription fee, together with applicable taxes and other disclosed charges, at the beginning of each Renewal Term. The Company may send renewal reminders or notices as required by applicable law, but your subscription will renew automatically unless and until it is canceled in accordance with these Terms of Service.
The Company may change subscription fees, billing cycles, plan features, or the scope of Paid Services at any time on a prospective basis. Any price change or material change affecting your subscription will take effect no earlier than your next Renewal Term following notice to you, unless a different effective date is required by applicable law or expressly disclosed at the time of the change. If you do not agree to a price change or material change to your subscription, your sole remedy is to cancel your subscription before the change takes effect.
You may upgrade or downgrade your subscription plan through your account settings or by using any other method the Company makes available for plan changes. Unless otherwise disclosed at the time of the change: (a) an upgrade may take effect immediately or at the start of the next billing cycle, and you authorize the Company to charge any prorated or additional amounts associated with the upgrade; and (b) a downgrade will take effect at the start of the next billing cycle following the downgrade request, and you will retain access to the higher-tier Features through the end of the then-current paid billing period. The Company may establish additional rules for plan changes, including limits on the timing or frequency of upgrades and downgrades.
You may cancel your subscription at any time through your account settings or by using any other cancellation method the Company makes available. Unless otherwise required by applicable law or expressly stated in applicable subscription terms, cancellation will take effect at the end of the then-current billing period, and you will retain access to the applicable Paid Services through that date. Canceling a subscription stops future recurring charges but does not entitle you to a refund or credit for any unused portion of the current billing period.
If the Company offers a free trial, promotional subscription, discounted introductory period, or similar offer, additional terms may apply, including the length of the offer, eligibility restrictions, billing commencement date, and cancellation deadline. Unless otherwise disclosed in the applicable offer terms, at the end of any free trial or promotional period, your subscription will automatically convert to a paid subscription and renew at the then-current rate for the selected plan unless you cancel before the end of the trial or promotional period.
The Company may suspend, restrict, or terminate your access to Paid Services, without prejudice to its other rights and remedies, if: (a) any payment is past due; (b) any charge is reversed, disputed, or declined; (c) Company reasonably suspects fraudulent, unauthorized, or unlawful activity; or (d) you breach these Terms of Service or any applicable subscription terms. Company may, but is not required to, reinstate access once the issue giving rise to the suspension has been resolved to Company’s satisfaction.
Except as required by applicable law, all purchases of Paid Services are final, and Company does not provide refunds, credits, or partial billing-period reimbursements for canceled subscriptions, downgrades, unused time, unused Features, or temporary loss of access resulting from your equipment, internet connectivity, or failure to maintain accurate account information. Nothing in these Terms of Service limits any non-waivable rights you may have under applicable law.
You are solely responsible for any internet access charges, mobile carrier fees, bank fees, credit card fees, foreign exchange charges, or similar third-party charges incurred in connection with your purchase or use of Paid Services. Company is not responsible for any errors by payment processors, banks, card issuers, app stores, or other third parties involved in processing your payments.
In the event of any conflict between this section and any mandatory terms presented to you at the time of subscription purchase, renewal, or plan change, the terms presented at that time will control solely with respect to the applicable subscription transaction to the extent of the conflict.
Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent.
This Platform may provide certain social media features that enable you to send emails or other communications with certain content, or links to certain content, on this Platform. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms. The Platform may display advertising and sponsored content from third parties. The presence of any advertisement or sponsored content does not constitute an endorsement by the Company of the advertiser or its products or services, and the Company is not responsible for the products, services, content, or privacy practices of any third-party advertiser.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platform.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas1 without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas1, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
1 Note to Client: May want to consider Texas or Delaware. We typically don’t recommend California.
Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF, INCLUDING BY WAIVING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the Platform, including their existence, interpretation, performance, breach, validity, or termination (a "Dispute"), will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this section. The arbitration will be conducted by a single arbitrator, will apply the laws of the State of Texas, and, unless you and the Company agree otherwise, will take place in the county where you reside or by telephone or videoconference. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual action in small claims court for disputes within that court's jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property or other proprietary rights.
Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in a court of competent jurisdiction.
Right to Opt Out
You may opt out of this Binding Arbitration; Class Action Waiver section by sending written notice of your decision to opt out to legal@noagentlist.com within thirty (30) days after you first accept these Terms of Service. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor the Company will be required to arbitrate Disputes, and the Governing Law and Jurisdiction section of these Terms of Service will govern. Opting out has no effect on any other provision of these Terms of Service.
Severability; Survival. If any portion of this section (other than the Class Action Waiver) is found to be unenforceable, that portion will be severed and the remainder of this section will be enforced. This section survives termination of these Terms of Service.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and No Agent List, Inc. regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: legal@noagentlist.com.

