Welcome to Mdrn Agents
Mdrn Agents ("MA") allows users to locate and evaluate proposals from independent third-party real estate agents. Users agree to supply MA with information about themselves and the property they want to buy or sell. MA will provide this information to third parties who are members of its real estate agent network. As MA uses email, on a regular basis, to provide MA services, all MA users must consent to receive email from MA to register for MA services. Users also agree to receive calls and texts from MA when using MA's services.
MA refers real estate agents to users, but MA does not engage in actual real estate broker services. Real estate brokerage activities are performed by local real estate agents that have been referred to you by MA. The terms of any agreement between a real estate agent and users are not endorsed or recommended by MA. The terms of any agreement between a real estate agent and users are between those parties and not MA.
Acceptance of the Terms of Use
These terms of use apply to any user of the site. These terms of use are entered into by and between You and Mdrn Agents ("MA," "we," "us", or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of our website, accessible at www.mdrnagents.com (the "Site") including any content, functionality, and services offered on or through the Site (collectively, the "Services"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By downloading and/or using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which can be found at mdrnagents.com/privacy-policy/ and is incorporated in these Terms of Use by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
Changes to the Terms of Use/Services
We may revise and update these Terms of Use or the Services 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 Services thereafter.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Services or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.
User Obligations (Buyer/Seller)
By completing your registration with www.mdrnagents.com as a potential home buyer/seller, you agree that:
- you are of legal age (18 years old) and are otherwise capable of forming a legally binding contract;
- you are interested in buying and selling property located in the United States of America;
- MA may request (and you agree to provide promptly), receive, copy and review your real property transaction and/or settlement documents and you agree to respond to requests for updates involving any contact with a real estate agent introduced by MA;
- you acknowledge that MA recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify a real estate agent's license status and background as MA, makes no representations and/or warranties about any real estate agent that may use the MA service;
- you do not have an exclusive contractual or other arrangement with any real estate agent;
- you represent that you are not licensed as a real estate agent or broker;
- you agree to be contacted by MA via email or other means as described herein, and by third parties for services you have requested; and,
- as a seller (if applicable), you are not bound to accept any of the proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate agent.
If required by the terms of the MA service requested by user, you authorize MA to forward your information to its network of real estate agents according to the terms of the MA service that you use.
Any endorsements posted by a real estate agent through the MA customer review program are the sole responsibility of the real estate agents. MA disclaims any liability arising from and the accuracy of any endorsements posted by real estate agents. It is your responsibility as a buyer or seller to evaluate the nature of any endorsement posted by any real estate agent and to be aware that endorsements might not reflect the actual quality of service that you may receive from a real estate agent.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
- to modify, adapt, translate, or reverse engineer any portion of the Services;
- in any way that violates any applicable federal, state, local, or foreign law or governmental regulation (including, without limitation, laws regarding the export of data or software to or from the United States or other countries) or for any fraudulent or malicious purposes, or to solicit any such activity;
- to attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or other means;
- 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 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 solicitation or commercial purposes;
- to impersonate or attempt to impersonate MA, an MA employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or,
- to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm MA or users of the Services, or expose them to liability.
Additionally, you agree not to:
- use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities of the Services;
- use any "deep-link," "page-scrape," robot, spider, or other automatic device, program, process, algorithm, methodology, or means to: (i) access, acquire, copy, or monitor any portion of the Services; (ii) reproduce or circumvent the navigational structure or presentation of the Services; or, (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services;
- use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
- frame or mirror any portion or feature of the Services, forge headers, or otherwise manipulate identifiers related to the Services or any portion thereof;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services;
- introduce or transmit any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files, or other material that is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
- attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of MA;
- otherwise attempt to interfere with the proper working of the Services; or,
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of MA, its parents, affiliates, or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Services, users, MA, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable laws, rules, or governmental regulations.
Copyright Infringement Policy
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below.
Reliance on Information Posted
The information presented on or through the Services 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.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, THE SERVICE'S CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE SERVICE'S CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MA NOR ANY PERSON ASSOCIATED WITH MA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, MA 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 MA, 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 SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, 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 FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless MA, 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 use of and access to the Services, your violation of any of these Terms of Use, your violation of any third-party right, and any other party's access and use of the Services with your unique username, password, or any other piece of information as part of our security procedures.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, 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 Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Waiver and Severability
No waiver by MA of any term or condition set out in these Terms of Use shall be deemed a waiver of such term or condition or a waiver of any other term or condition, and any failure of MA to assert a right under these Terms of Use shall not constitute a waiver of such right.
If any provision of these Terms of Use 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 Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and any other document applicable to the relationship between You and MA as referenced and incorporated herein, constitute the sole and entire agreement between you and MA regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
