Terms of Service
Effective date: November 1, 2024
Please read these Terms of Service (“Terms”) carefully, they contain important information about your legal rights, remedies, and obligations. In particular, Section XIII of these Terms contains a class action waiver that applies to all disputes between you and AgentBrief. OUR SITE, APPLICATION, AND AGENT BRIEF SERVICES ARE INTENDED FOR USE ONLY IN THE UNITED STATES OF AMERICA (USA). ALL OTHER USE IS PROHIBITED.
Our Terms are a legally binding agreement (“Agreement”) between you and AgentBrief, LLC (“AgentBrief”) governing your access to and use of the AgentBrief mobile application and website, including any subdomains, and any other websites (collectively, our “Site”) through which AgentBrief makes its products and services available; our mobile, tablet, and other smart device applications, and application program interfaces (collectively, “Application”); and all associated products and services (collectively, our “AB Services”). Together, the Site, Application, and AB Services are referred to as the “AB Mobile App” in this Agreement. Our collection and use of personal information in connection with your access and use of our AB Mobile App is described in our Privacy Policy, please read it carefully
Acceptance: You accept and agree to comply with this Agreement by (1) clicking a box indicating acceptance; (2) clicking a registration or new account submission button, or (3) otherwise accessing or using our AB Mobile App. If you are accepting this Agreement as part of an agreement between your company and AgentBrief (an “Enterprise Contract”), you represent that you have the authority to bind your entity, its employees, and affiliates to this Agreement, in which case the term “You” will also refer to the entity’s employees and affiliates.
Changes to this Agreement. AgentBrief reserves the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms. Your continued access to, or use of, our AB Mobile App will constitute acceptance of the Terms or any revised terms that may be posted. If at any time you disagree with the Terms, you may terminate this Agreement with immediate effect by ceasing to use the AB Mobile App and taking action to terminate your account. This Agreement may not be modified unless expressly agreed to in writing by AgentBrief.
I. AB Services
AgentBrief is a B2B platform serving residential real estate service providers (collectively, “Users”) and the companies for which they work.
You have a limited license to use the AB Mobile App in the manner described in this Agreement. Our AB Mobile App may link to Third Party Services. AgentBrief is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by AgentBrief of such Third-Party Services.
Limited License. The AB Services are licensed to you, not sold. During the Term, and subject to the terms of this Agreement, AgentBrief grants you a non-exclusive, limited, revocable, non-transferable, non-sublicensable, license to use the AB Services and our AB Mobile App, and download the Application on your personal device(s), solely for your use as a User. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AgentBrief or its licensors, except for the licenses and rights expressly granted in these Terms.
Licensed Data. AgentBrief licenses data and information from third party sources in order to deliver certain AB Services, including aspects of our Business Intelligence (“Licensed Data”). You acknowledge and agree that the Licensed Data is provided on an “as is, as available” basis with all limitations, faults, and defects. Unless granted express permission, you are not authorized to resell, relicense, or redistribute Licensed Data in any manner. AgentBrief does not make any warranties, express or implied, on the completeness of the data or its accuracy, or whether a particular geographic market is covered, or to what extent, by the Licensed Data. Neither AgentBrief nor its third party data providers are responsible for errors, omissions, miscalculations, misrepresentations of value, or delays in displaying the Licensed Data. Any use of the Licensed Data is at the User’s own risk
Advertisements and Affiliate Partnerships on the AB Mobile App. You understand and agree that the AB Services may include advertisements, including ads and that these are necessary to support the AB Mobile App. To help make the advertisements relevant and useful to you, AgentBrief may serve advertisements based on the information we collect through our AB Mobile App. See our Privacy Policy for more detail.
Changes to the AB Services. AgentBrief reserves the right, in its sole discretion with or without notice to you, to change, improve, enhance, correct, modify, or add new features to our Site, Application, and/or AB Services or to suspend, discontinue, or limit access to our Site, Application, and/or a AB Service at any time. AgentBrief does not guarantee that the Site, Application, and/or AB Services will include the same features or functionality in future releases of the AB Mobile App. AgentBrief may decide, in its sole discretion, to add or develop additional products, services, or features to include in our AB Services, including our premium services, or may offer them as separate or upgraded features.
Interruptions to AB Services. Due to the nature of the Internet, AgentBrief cannot guarantee the continuous and uninterrupted availability and accessibility of our AB Mobile App. AgentBrief may restrict the availability of our AB Mobile App or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of our AB Mobile App.
User Relationship with AgentBrief. If you choose to access and use our AB Mobile App, your relationship with AgentBrief is limited to that of an independent business relationship and not an employee, agent, joint venturer, or partner of AgentBrief for any reason, and you act exclusively on your own behalf and for your own benefit. AGENTBRIEF DOES NOT PROVIDE FINANCIAL OR REAL ESTATE ADVICE, AND ITS SITE AND AB SERVICES ARE NOT INTENDED FOR SUCH USE. AgentBrief assumes no responsibility for action or inaction that Users take based on the AB Services or any other information available through or in connection with our AB Mobile App.
No Endorsement. You acknowledge and agree that a User’s use of and participation in the AB Mobile App, is in no way deemed as a direct or implied endorsement of that User by AgentBrief.
II. Compliance.
No Referrals Permitted. You represent and warrant that you shall not use the AB Mobile App in order to engage in any activity that would constitute an unlawful “referral of business” as defined by the Real Estate Settlement Procedures Act of 1974 (“RESPA”) and Regulation X, and that your use of the AB Mobile App shall not cause you to either give or receive anything of value in exchange for the referral of business opportunities.
Legal Guidelines. When accessing or using the AB Mobile App, you agree to comply with all applicable laws and regulations governing residential real estate sales and financing, including, but not limited to, the Equal Credit opportunity Act (“ECOA”), Fair Housing Act (“FHA”), Truth in Lending Act (“TILA), RESPA, the Gramm Leach Bliley Act, the Fair Credit Reporting Act, and applicable laws regarding privacy. You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of our AB Mobile App. You agree that AgentBrief may, at its sole discretion and to the extent permitted by law, access, preserve, and disclose your user profile , usage history, and other information in order to (a) comply with any applicable law, regulation, legal process, or government request; (b) respond to claims that any such usage violates applicable legal guidelines or the rights of third parties; and (c) enforce this Agreement.
III. AB Accounts and Fees
User Fees. Users must pay a Fee to AgentBrief in order to access and use all AB Services. As a User, you acknowledge and agree that any fee you pay to AgentBrief (A) represents that fair market value of the AB Services provided to you; (B) is not in any way premised on the promises of others; (C) does not constitute a lead generation agreement with AgentBrief; and, (D) does not constitute a co-marketing arrangement with AgentBrief. You agree to pay all fees under your AB Account. If you have a recurring subscription, you agree to pay the subscription fee on a recurring basis until you cancel your subscription. Once you cancel, you’ll continue to have access to the AB Services for the remainder of subscription term. Subscription fees are non-refundable.
Subscription Fee. If you purchase a recurring subscription from AgentBrief, you authorize AgentBrief to automatically charge the subscription Purchase Price (the “Subscription Fee”) (1) at the beginning of your subscription purchase, upon expiration of any applicable trial offer (see below), or at a date otherwise indicated by us, and (2) on each renewal date thereafter without any additional action by you. All Subscription Fees are nonrefundable. If your payment method expires, your card provider may provide us with updated card details in order to help prevent any interruption to your subscription (if you would prefer to opt out of this service, you may do so directly with your bank or credit card).
Subscription Term. All AgentBrief Subscriptions are 12 months in duration unless both parties have expressly agreed in writing to a modification. The term of your subscription will continue for the period specified at the time of your subscription order (“Initial Term”) and will automatically renew for the same period of time as the Initial Term unless your subscription is terminated BY YOU AT LEAST 30 DAYS IN ADVANCE OF END OF TERM. as provided under this Agreement (collectively, the “Term”).
Canceling your Subscription. All Subscription Fees are non-refundable. Your subscription will continue to automatically renew until you cancel your subscription. Unless otherwise specified in a Supplemental Agreement, you may cancel your subscription at any time by following the instructions specified on our AB Mobile App, or by contacting Customer Support at support@AgentBrief.com. You will be able to continue to access and use your subscription service until the end of your Term.
Updating Subscription Fees. Your Subscription Fee for subsequent renewal Terms will be the published Subscription Fee as of the date of renewal. We reserve the right to change and/or increase the Subscription Fee of a recurring subscription at any time. If we do so, we will provide you notice at least 30 days in advance. By continuing to use the recurring subscription, you indicate that you accept the new Subscription Fee, which will then be charged on a recurring basis.
Late Payments & Disputes. If there are delinquent amounts or chargebacks associated with the collection of your Fees, you may be charged fees that are incidental to AgentBrief’ collection of such amounts, including collection fees, convenience fees or other third-party charges.
AB Accounts. If you want to use our AB Services, you need to create an AB Account. The information you provide to us must be true and kept up-to-date. This information will include your public profile and compliance information. We may take steps to verify this information. You are responsible for anything that happens under your AB Account, including any inaccurate profile information used on our AB Mobile App. In order to access and use our AB Mobile App, you must register an account (“AB Account”). To do so, you must be an individual at least 18 years old and located in the USA or a duly organized, validly existing business, organization, or other legal entity in good standing under the laws of the USA and able to enter into legally binding contracts. If you are registering a AB Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and to grant AgentBrief all permissions and licenses provided in this Agreement.
Account Confidentiality and Security. You may not register more than one (1) AB Account unless AgentBrief authorizes you to do so. You may not assign or otherwise transfer your AgentBrief Account to another party and you may not create an AB Account on anyone’s behalf without that person’s and AgentBrief’s prior express authorization. AgentBrief will not provide access to your AB Account without your prior authorization unless you are part of an Enterprise Contract. You are responsible for maintaining the security of your AB Account credentials and your AB Account. You must immediately notify AgentBrief if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your AB Account. You are liable for any and all activities conducted through your AB Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
AB Account Registration. To register a AB Account, you will be required to set a password and provide us some information about yourself, such as an email address and other contact information. In some cases, AgentBrief staff may assist you with the creation of your AB Account. In such cases, you remain solely responsible for the creation of your AB Account, its accuracy, and its confidentiality and security.
YOU HEREBY ACCEPT SOLE RESPONSIBILITY FOR THE ACCURACY OF YOUR ACCOUNT AND PROFILE INFORMATION AND ACKNOWLEDGE THAT AGENTBRIEF WILL RELY ON THIS INFORMATION TO GENERATE MARKETING COLLATERAL ON YOUR BEHALF. YOU FURTHER AGREE THAT AGENTBRIEF SHALL BEAR NO LIABILITY FOR ANY COMPLIANCE ISSUES RESULTING FROM THE INFORMATION YOU PROVIDE. In addition, you acknowledge and agree that certain publicly available professional information about you and your market activity (for example, brokerage affiliation, your new listings, and listings sold) will be shared with other Users.
Compliance Information Verification. AgentBrief may make access to and use of our AB Mobile App subject to the verification of the Compliance Information you provide. You hereby authorize AgentBrief to communicate directly with your company/employer to confirm your Public Profile, including your Compliance Information.
Enterprise Accounts. If you are an Administrator or User who is part of a company-wide Enterprise Contract between your company, affiliate, or other entity and AgentBrief, the following terms also apply to you: As an Enterprise Contract User, you acknowledge that your Administrator is authorized to take certain actions that affect your AB Account. For example, your Administrator is authorized to create an AB Account on your behalf; and populate and update your AB Public Profile, including the Compliance Information; communicate directly with AgentBrief to confirm, correct, and update your AB Public Profile, (2) share information regarding use of the AB Mobile App, and (3) terminate or suspend your AB Account which will revoke your access to the AB Services.
Purchase of AB Services. You may only purchase AB Services if you have an active AB Account. AgentBrief reserves the right to refuse, limit, or block any offer to purchase, obtain, or otherwise access AB Services for any reason at its sole and absolute discretion.
Payment Process. When you purchase AB Services, including a recurring subscription, the price payable is the price indicated on our AB Mobile App, or by our AgentBrief staff in writing, at the time your order is placed (“Purchase Price”). By submitting an order to AgentBrief and providing your payment method information, you acknowledge that:
you are authorized to use the AB Service that you are purchasing;
you have confirmed the details of your purchase and the AB Services you have ordered;
you have read and accepted this Agreement and Privacy Policy,
your email address, and billing and payment method information are true and accurate;
you are authorized to use such payment method;
You authorize AgentBrief to collect the Purchase Price either directly, by charging the payment method you provide or your default payment method on file, or indirectly via our third party payment processor(s).
you are responsible for all purchases of AB Services made by you or otherwise attributable to your payment method, except unauthorized activity which is not your fault; and
You are responsible for ensuring the accuracy of your order history and for saving a copy of your history for your records. If you have questions regarding your transaction history, please contact Customer Support at support@AgentBrief.com.
IV. Content and AgentBrief’ Intellectual Property Rights
AgentBrief’ Intellectual Property Rights. The AB Content and all other intellectual property rights in, on, or to our AB Mobile App are the exclusive property of AgentBrief, AgentBrief’ licensors, and/or AgentBrief’ partners and is protected by copyright, trade dress, patent and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not distribute, license, sell, transfer, publicly display, modify, reproduce, sell, transmit, publish, copy, create derivative works from, decompile, disassemble, reverse engineer, or otherwise use in any other way for commercial or public purposes any information, software, products, or services obtained from our AB Mobile App, including the AB Content, unless expressly authorized by AgentBrief in this Agreement. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices incorporated in or accompanying our AB Mobile App or otherwise provided to you by AgentBrief.
Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the AB Mobile App (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
V. Rules of Conduct
In connection with your use of the AB Mobile App, you will not - and will not enable others - to violate established or expected rules of conduct, which includes these prohibited actions:
Access or use the AB Mobile App if you reside outside of the USA;
Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or this Agreement or Privacy Policy;
Use the AB Mobile App or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies AgentBrief’ endorsement, partnership, or otherwise misleads others as to your affiliation with AgentBrief;
Use the AB Mobile App to create, develop, enhance, or structure any database, or create models, analytics, derivative products, or other derivative works;
Reproduce, distribute, display, or provide access to any portion of the AB Services on third-party websites or otherwise, including but not limited to taking video or screen shots of the AB Mobile App;
Copy, store, or otherwise access or use any information, including personally identifiable information about any other User contained on the AB Mobile App in any way that is inconsistent with AgentBrief’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users, Consumer, or third parties;
Use the AB Mobile App in connection with the distribution of unsolicited commercial messages ("spam");
Submit or transmit any content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent, threatening, or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other AgentBrief policy;
Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive, or disruptive behavior;
Misuse or abuse any AB Service or the AB Mobile App, including AB Accounts or User Content, as determined by AgentBrief in its sole discretion;
Use, display, mirror, or frame the AB Mobile App or Collective Content, or any individual element within the AB Mobile App, AgentBrief’ name, any AgentBrief trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the AB Mobile App, without AgentBrief’ express written consent;
Dilute, tarnish, or otherwise harm the AgentBrief brand in any way, including through unauthorized use of Collective Content, registering and/or using AgentBrief or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domains names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to AgentBrief domains, trademarks, taglines, promotional campaigns, or Collective Content;
“Scrape" (including screen and database scraping), "data mine", or any other activity intended to collect, store, re-organize, summarize, or manipulate any Collective Content or use any robot, spider, crawler, scraper, or other automated means or processes to access, collect data or other content from, or otherwise interact with the AB Mobile App for any purpose;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by AgentBrief or any of AgentBrief’ providers or any other third party to protect the AB Mobile App;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the AB Mobile App;
Make any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the AB Mobile App;
Violate or infringe upon anyone else’s rights or otherwise cause harm to anyone.
VI. Term and Termination
Term. This Agreement will be effective on the date you accept this Agreement as defined above, and will continue for as long as any applicable subscription remains in effect or as long as You continue to access or use the AB Mobile App, whichever is longer.
Termination by You. Unless otherwise specified in a Supplemental Agreement, you may terminate this Agreement at any time by sending us an email or contacting customer support at support@AgentBrief.com. If you are paying for a subscription, your termination will be subject to the subscription cancellation terms above.
Termination or Suspension by AgentBrief. Without limiting our rights specified in this Agreement, AgentBrief may terminate this Agreement for convenience at any time by giving you fourteen (14) days notice via email to your registered email address. In addition, AgentBrief may immediately, without notice, terminate this Agreement and/or stop providing access to the AB Mobile App (i) if you have breached your obligations under this Agreement, our Privacy Policy, or other applicable terms, (ii) you fail to pay your Subscription Fee, or (iii) AgentBrief believes in good faith that such action is reasonably necessary to protect the safety or property of AgentBrief, its users, or third parties.
VII. Disclaimers
If you choose to use the AB Mobile App, including the Licensed Data and Collective Content, you do so voluntarily and at your sole risk. The AB Mobile App, including our Site, AB Services, and Licensed Data, are provided “as is” without warranty of any kind, either express or implied. Without limiting the generality of the foregoing, AgentBrief makes no warranty or guarantee that the Site or AB Services will be uninterrupted, timely, secure, or error-free.
You agree that you have had whatever opportunity you deem necessary to investigate the AB Services, laws, rules, or regulations that may be applicable to your use of those AB Services and that you are not relying upon any statement of law or fact made by AgentBrief.
VIII. If we choose to conduct verification on any information provided by a User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such verification was complete or accurate.
IX. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
X. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the AB Mobile App, your use of the AB Mobile App, or any interaction you have with other Users whether in person or online, remains with you. Neither AgentBrief nor any other party involved in creating, producing, or delivering the AB Mobile App will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the AB Mobile App, (iii) from any communications, interactions, or meetings with other Users or other persons with whom you communicate, interact, or meet with as a result of your use of the AB Mobile App, or (iv) your use of our information or services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not AgentBrief has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will AgentBrief’ aggregate liability arising out of or in connection with these Terms and your use of or inability to use the AB Mobile App, or interactions with any other Users, exceed the amounts you have paid AgentBrief in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between AgentBrief and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
XI. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at AgentBrief’ option), indemnify, and hold AgentBrief and its affiliates, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or any additional terms, (ii) your improper use of the AB Mobile App or any AB Services, (iii) your interaction with any User, or (iv) your breach of any laws, regulations, or third party rights.
Data Terms
Where applicable, AgentBrief licenses data and information from individual Multiple Listing Service Data Providers (“MLSs”) and real estate listings Applications in order to deliver certain AB Services (“Listing Data”), including the fair exchange of real estate listing data (“Listings”).
You acknowledge and agree that the Listing Data is provided on an “as is, as available” basis with all limitations, faults, and defects. Neither AgentBrief nor any individual Data Provider makes any warranty, express or implied, on the completeness of the data or its accuracy, or whether a particular geographic market is covered, or to what extent, by the Listing Data. Neither AgentBrief nor any individual Data Provider are responsible for errors, omissions, miscalculations, misrepresentations of value, or delays in displaying the Listing Data.
Legal
Jury Trial Waiver. You and AgentBrief acknowledge and agree that we are each waiving the right to a trial by jury as to disputes.
No Class Actions or Representative Proceedings. You and AgentBrief acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes.
Applicable Law and Jurisdiction. These Terms will be interpreted in accordance with the laws of the State of California and the USA, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions must be brought in state or federal court in Orange, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Orange, California.
Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, or guidelines, these Terms constitute the entire Agreement between AgentBrief and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between AgentBrief and you in relation to the access to and use of the AB Mobile App.
Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
No Waiver. AgentBrief’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Apple/Android App Store. If you access or download the Application from the a Third Party App Store, you agree to the licensed end user license agreements as applicable, issued by those Third parties.
No Assignment. You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without AgentBrief’ prior written consent. However, AgentBrief may assign, transfer, or delegate this Agreement and its rights and obligations hereunder without restriction or notice. Your right to terminate this Agreement at any time remains unaffected.
Electronic Communication. Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement will be provided electronically and given by AgentBrief via email, AB Mobile App notification, or other messaging service.
Copyright Complaints. It is the policy of AgentBrief to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing our DMCA Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further information):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be sent to our DMCA Designated Agent either by email or regular mail, at the following addresses:
By email: legal@AgentBrief.com
By mail: At the address identified below
For both email and postal mail notices, please include "Notice of Infringement" in the subject line. If a notice is incomplete, AgentBrief is under no obligation to act. If AgentBrief removes or restricts access to content in response to a copyright complaint, AgentBrief will make a good faith effort to contact the alleged infringer, and the Data Provider (e.g., an MLS) AgentBrief received the content if applicable, with information concerning the removal or restriction of access, including a copy of the complaint. If the alleged infringer believes its content was removed in error, then pursuant to the DMCA, it can submit a counter-notification to AgentBrief requesting that the removed content be reinstated. AgentBrief has a policy of terminating repeat infringers. If AgentBrief receives multiple copyright complaints pertaining to an alleged infringer, AgentBrief may terminate or restrict the alleged infringer’s access to the Application or take steps to limit or prohibit that person’s content from appearing on the Application.