This Member Agreement is effective December 13, 2024.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION 13 BELOW THAT REQUIRES YOU TO RESOLVE DISPUTES WITH AGENT ALERT PRO ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION ONLY.
1. OUR SERVICES.
Agent Alert Pro is the Application (“App”) designed to empower licensed real estate advisors with the tools they need to stay informed and protected. This app provides a platform for sharing real-time safety alerts and scam incidents within the community, fostering a safer environment for all. Our Mission is to provide a reliable, user-friendly app that enables real estate advisors to report and access critical information about potential threats and scams, enabling advisors to work with more peace of mind.
This Member Agreement (“Terms”) governs your rights and responsibilities related to Agent Alert Pro’s services including all of Agent Alert Pro’s websites, domains, apps, products, services, features, and marketing campaigns (“Services”).When you register to use our Services, you become a “Member.” By accessing or using our Services, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms as a legally binding contract with Agent Alert Pro (even if you are using the Services on behalf of a company), including our Guidelines and Policy, so please read these Terms and contact us with any questions or concerns.
If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. The collection, use, and sharing of your personal information are described in our Privacy Policy. Throughout these Terms, we use “Agent Alert Pro,” “we,” “us,” and “our” to refer to the Services offered by Agent Alert Pro, 7090 N Oracle Road, Suite 178 PMB 1035 Tucson, AZ 85704.
2. ELIGIBILITY AND REGISTRATION.
a. Eligibility. You may use our Services only if you can legally form a binding contract with Agent Alert Pro, and only in compliance with these Terms and all applicable laws. You cannot use the Services if (1) we previously disabled your Account for violations of these Terms, our Guidelines, or our Policy(ies); (2) our Services are not directed to your geographic territory; or (3) you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.
b. Becoming a Member. When you register to become a Member, you must provide us with complete and accurate information. We reserve the right to reject and terminate any registrations submitted with questionable, false, or inaccurate registration information, or otherwise submitted in violation of these Terms.
c. Account Types and Access. Members may create, operate, maintain, or otherwise use an account to access the Services (“Account(s)”). You are responsible for maintaining the security of your Account login information, and you must keep such login information confidential. You are responsible for all activity that takes place under your Account. You should notify us immediately if you suspect or become aware of any unauthorized use of or access to your Account by email at: [email protected].
d. Permitted Activities. You may use, access, search, interact with, or otherwise make use of our Services only for the purposes for which they are provided and by the means we make available such as our website and apps.
3. OUR LICENSE GRANT TO YOU.
Subject to your complete and ongoing compliance with these Terms and all applicable Guidelines and Policy, Agent Alert Pro hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to access and use the Services as provided herein. The foregoing license is not a sale of the Services or any portion thereof, and Agent Alert Pro retains all our right, title, and interest in the Services and all copies thereof.
4. RIGHTS YOU GRANT.
a. Generally. Some areas of the Services allow Members to post, publish, submit, upload, transmit, or otherwise make available on the Services content such as profile pictures or information, photos, images, music, videos, information, comments, likes, recommendations, questions, messages, and other content or information (“Content”) (any such Content that a Member does make available or submit is referred to as “Member Content”). You retain ownership of your Member Content.
b. License Granted by You to Agent Alert Pro. You hereby grant to Agent Alert Pro a non-exclusive, transferable, fully sublicensable (through multiple-tiers), royalty-free, perpetual, and worldwide license, to host, use, distribute, modify, copy, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of your Member Content. We will exercise our rights in the foregoing license subject to your Account settings, the selections you make when posting your Member Content, and as otherwise described in our Privacy Policy. You represent and warrant that you are the creator and owner of your Member Content, or that you have the necessary licenses, rights, consents, and permissions to authorize Agent Alert Pro to exercise the licenses granted by you in this section in the manner contemplated by these Terms.
c. License Grant to Downstream Users. You also hereby grant each user of the Services a non-exclusive license to access your Member Content through the Services and to use, reproduce, distribute, display, and perform such Member Content as permitted through the functionality of the Services and under these Terms.
d. Use of Your Member Content with Sponsored Content. You give us permission to use your name, profile picture, and information about your interactions with the Services next to or in connection with ads, offers, and in connection with our efforts to promote sponsored Content we display on the Services, with no additional compensation to you. We may also post and repost information about your interactions with the Services, along with your name and profile picture, in different areas of the Services from time to time. When doing so, we will use your personal information in accordance with data protection laws and our Privacy Policy.
e. Feedback. We invite you to share any feedback, suggestions, or ideas you have about Agent Alert Pro and our Services with us (“Feedback”); you agree that, in sharing your Feedback, you hereby grant Agent Alert Pro an unrestricted, perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully-paid, royalty-free right to use the Feedback as we see fit and in connection with any of our products and Services now known or hereinafter developed.
f. Software. Using Agent Alert Pro may include downloading software to your computer, and/or phone, tablet, or other device (collectively, “Mobile Devices”). We may require you to accept updates to our Services that you have installed on your computer or Mobile Devices to continue using the Services. You acknowledge and agree that we may automatically update that software, and the then-current version of these Terms will apply to any updates.
5. PROFESSIONAL COMMUNITY.
a. Community Guidelines. These Terms include by reference our Guidelines on appropriate use of Agent Alert Pro. Our Guidelines apply to Content submitted on Agent Alert Pro including submissions in Groups and direct messages. We may limit the distribution of or remove Content that we determine violates our Guidelines. We reserve the right to proactively moderate Content, although we expressly disclaim any obligation to do so, and we can remove Content, suspend, delete, or deactivate your Account, limit Account privileges, or otherwise refuse service to you, if you violate our Guidelines, these Terms, or our other Policy(ies), or if you infringe intellectual property, or otherwise engage in behavior that we think, at our sole and absolute discretion, may harm Agent Alert Pro or any of our Members.
b. By using Agent Alert Pro, you agree not to take screenshots of any material viewed or shared within the Services. If you violate this agreement, you will lose access to the Services and will be required to defend and indemnify Agent Alert Pro against any third-party claims. You also understand that you will be solely responsible for any third-party damages resulting from such actions, in line with the indemnity provisions in Section 9 of this agreement.
Sharing any information outside of the Agent Alert Pro services is strictly prohibited.
c. Disputes Between Members; Waiver of Claims Against Agent Alert Pro. If you have a dispute with another Member, we hope that you will be able to work it out amicably. If you cannot, Agent Alert Pro is not responsible for the actions of any of its Members. Each of our Members is solely responsible for their own actions and behavior. Accordingly, you agree that Agent Alert Pro has no responsibility for the conduct of any Members or other third parties and, to the maximum extent permitted by applicable law, you hereby release Agent Alert Pro from losses, liabilities, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes involving you and other Members.
6. TRANSACTIONS.
Prohibited Transactions. Except through Agent Alert Pro’s Services and in accordance with Agent Alert Pro’s Guidelines, you may not use the Services to solicit, advertise for, or contact in any form, Members for any employment or other commercial purpose. You may not use the Services to collect the contact information or other personal information of Members, by electronic means or otherwise, without the Member’s explicit consent or our prior written consent.
7. NOTIFICATION PREFERENCES.
By default, you will receive notifications related to your use of and interactions with the Services from Agent Alert Pro within the App. You can change your preferences about receiving notifications from Agent Alert Pro and customize your default notifications in your preference settings. You can use these preference settings to unsubscribe to specific notification types by push notification.
8. CHANGES TO OUR SERVICE.
We may offer additional Services and product features, or add, change, or discontinue our existing Services and product features at any time and in any region, with or without notice to you. If you are dissatisfied, your sole remedy is to stop using our Services or the affected feature.
9. INDEMNIFICATION.
You agree to defend, indemnify, and hold Agent Alert Pro and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “Agent Alert Pro Entities”) harmless from any claims, liabilities, damages, losses, and expenses including, without limitation, reasonable attorney’s fees and costs, made by any third party due to or arising out of any and all of the following: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your violation of any rights of another party, including any Members; (e) your interactions and transactions with other Members; or (f) your Member Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of your Account(s), the Terms, and/or your access to the Services.
10. DISCLAIMERS; LIMITATION OF LIABILITY.
a. Disclaimers; No Warranties. You understand and agree that to the maximum extent permitted by applicable law your access to and use of the Services are at your own risk. Our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, with all faults. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGENT ALERT PRO ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Agent Alert Pro Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to computer systems or Mobile Devices, loss of data, or other harm that results from access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) viruses or other harmful components distributed by the Services; and (v) whether the Services will meet requirements or be available on an uninterrupted, secure, or error-free basis. We cannot guarantee continuous or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. No advice or information, whether oral or written, obtained from the Agent Alert Pro Entities or through the Services will create any warranty not expressly made herein.
b. Liability Limits. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGENT ALERT PRO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AGENT ALERT PRO ENTITIES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO AGENT ALERT PRO BY YOU FOR THE SERVICES DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
c. No Liability for Conduct of Other Members. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT AGENT ALERT PRO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR OTHER USERS OF THE SERVICES.
d. Agent Alert Pro Is Not a Broker. Agent Alert Pro does not, and is not intended to, provide financial or real estate advice. Agent Alert Pro is not an attorney, escrow agent, lender, or real estate broker representing any Member.
e. Agent Alert Pro is not a “consumer reporting agency,” and its services are not considered “consumer reports” under the Fair Credit Reporting Act (“FCRA”) or similar state laws. See 15 U.S.C. § 1681 et seq. By using Agent Alert Pro, you agree and confirm that its services will not be used, either fully or partially, to determine someone’s eligibility for credit, insurance, employment, or any other purposes covered under the FCRA.
You also acknowledge that actions such as denying housing to an applicant or requiring a higher deposit compared to other applicants are considered eligibility decisions under the FCRA. Therefore, Agent Alert Pro services cannot be used for these or similar purposes.
f. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
g. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AGENT ALERT PRO AND YOU.
11. GENERAL.
a. Term and Termination. The Terms commence on the date when you accept them and remain in full force and effect for as long as you access or use the Services, unless terminated earlier in accordance with the Terms.
i. Termination by You. You may terminate these Terms with Agent Alert Pro at any time for any reason by deactivating your Account(s) and discontinuing your use of the Services, and you agree by doing so that Agent Alert Pro is not liability to you for any monies paid for the app or service.
ii. Termination by Agent Alert Pro. We may suspend, terminate, delete, or deactivate your Account(s) or stop providing you with all or part of the Services at any time for any or no reason, with or without notice, without liability to you.
iii. Survival. In the event of termination, whether by you or by us, Section 4 (Rights You Grant), Section 9 (Indemnification), Section 10 (Disclaimers; Limitation of Liability), Section 11 (General), Section 12 (Dispute Resolution), and Section 13 (Binding Arbitration and Class Waiver; Jurisdiction Specific Provisions) of these Terms shall survive.
b. Integration. These Terms, Guidelines, and Policy(ies) referenced herein constitute the entire agreement between you and us with respect to our Services and supersede any other agreements or understandings (oral or written), except that in the event of any conflict between these Terms and any Supplemental Terms, the Supplemental Terms shall control solely with regard to the Services to which they apply.
c. Updates. We reserve the right to amend these Terms, Guidelines, and Policy(ies) at any time. We will notify you of any material changes (for example, by emailing you, or by push notification). Such changes to the Terms shall be effective immediately. Changes to applicable Guidelines and Policy are effective immediately unless otherwise stated. If you keep using Agent Alert Pro after a change to Terms, Guidelines, or Policy(ies) you accept and agree to be bound by the new terms; if you disagree with the new terms, you must stop using the Services and delete your Account(s).
d. Notices. Notice to Agent Alert Pro under these Terms must be in writing and sent to Agent Alert Pro using the relevant contact information set out in the introductory paragraph above. Notices will be deemed given upon personal delivery, upon delivery if by mail, or upon valid transmission through email.
e. No Agency. These Terms do not create any agency, partnership, joint venture, joint controllership, employment, or franchise relationship between you and Agent Alert Pro.
f. Miscellaneous. You may not assign any of your rights or obligations under these Terms without our prior written consent, which consent may be withheld in our sole and absolute discretion. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of you and Agent Alert Pro, and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than you and Agent Alert Pro. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control.
12. DISPUTE RESOLUTION.
If a dispute arises between you and Agent Alert Pro, we will provide you with a neutral and cost-effective means of resolving the dispute quickly. If you have a dispute with Agent Alert Pro, you agree to contact us at [email protected] by sending a notice (“Dispute Notice”) containing (1) your name, phone number, and mailing address, (2) Account username, if any, as well as the email address associated with the Account, (3) a statement of any legal claims you are asserting and the factual bases of those claims, and (4) a description of any remedy sought in an effort to resolve the dispute informally before pursuing other avenues.
13. BINDING ARBITRATION AND CLASS WAIVER.
a. Governing Law, Jurisdiction and Venue. These Terms are to be governed by and interpreted under Arizona law, without regard to its conflict of law principles. This governing law provision is limited to specifying the choice of law to be used in the governance and interpretation of these Terms and shall not create any other substantive right to assert claims under Arizona law, whether under statute, common law, or otherwise. Both you and Agent Alert Pro agree that all claims or disputes arising out of or relating to these Terms, Guidelines, and Policy(ies) that are not subject to mandatory arbitration as set forth in these Terms, or another agreement, shall be resolved exclusively in the U.S. District Court for the District of Arizona or in the Arizona Superior Court for the County of Pima, and you hereby agree to submit to the exclusive jurisdiction thereof.
b. Arbitration Agreement. You and Agent Alert Pro agree to the arbitration and dispute resolution terms in this Section (the “Arbitration Agreement”). It is important that you carefully read these important terms, which include a requirement that claims arising out of or relating to these Terms, Guidelines, and Policy(ies) shall be brought individually and not on a class wide basis and shall be subject to binding arbitration. Instructions for how to timely opt out of binding arbitration are included in Section 13(c)(v) below.
c. Applicability. Any dispute or claim arising out of or relating in any way to your access or use of the Services, or to any aspect of your relationship with Agent Alert Pro (including, without limitation, as a business), shall be resolved by binding arbitration, rather than in court.
i. Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce and that notwithstanding the provision above with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings in accordance therewith. If, for whatever reason, the FAA is inapplicable, Arizona state law governing arbitration agreements shall apply. Before a party may begin an arbitration proceeding, that party must send a notice of an intent to initiate arbitration and certify completion of the informal dispute resolution process set forth in Section 12 above, provided at least sixty (60) days have lapsed from the date a party sends a Dispute Notice. The notice of intent must be sent to Agent Alert Pro, 7090 N Oracle Road, Suite 178 PMB 1035 Tucson, AZ 85704, attn: Dispute Notice, with copy via email to [email protected]. The notice of intent must include: (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration and the Account username as well as the email address associated with the Account, if any; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought; and (4) an accurate, good-faith calculation of the amount in controversy (“Notice of Intent”). You agree that compliance with Section 12 and this subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed by you if you fail to fully and completely comply with these procedures. The arbitration will be conducted: (1) by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the State of Arizona, Pima County. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
ii. Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. However, disputes arising out of or relating to the class action waiver, including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitration will decide the rights and liabilities, if any, of you and Agent Alert Pro. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
iii. Waiver of Jury Trial. YOU AND AGENT ALERT PRO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
iv. Waiver of Class. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CAN’T BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER, EXCEPT AS DESCRIBED IN SUBSECTION. If a decision is issued stating that applicable law precludes enforcement of any of the limitations in this Section as to a claim for relief, then the claim shall be severed from the arbitration and brought in the U.S. District Court for the District of Arizona or in the Superior Court of Arizona for the County of Pima. All remaining claims shall be arbitrated.
v. 30-day Opt Out. You have the right to opt out of mandatory arbitration by sending written notice of your decision to opt out to: [email protected], within 30 days of being subject to these Terms. Your notice must include your name and address, your Account name, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of mandatory arbitration under this section, all other parts of these Terms, Guidelines, and Policy(ies) will continue to apply to you. Opting out of arbitration under this section only effects this Arbitration Agreement and any prior versions of it or any other terms that apply to the Services but does not affect other arbitration agreements that you may currently have with us or may enter in the future with us.
vi. Severability. If any part(s) of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part(s) shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
vii. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination, or your discontinued usage of Agent Alert Pro or related services.
viii. Material Changes. Notwithstanding any provision in these Terms to the contrary, if Agent Alert Pro makes any material changes to this Arbitration Agreement, you accept and agree to be bound by the new terms, unless you opt-out by writing to Agent Alert Pro at the following address: [email protected], within thirty (30) days of receiving notice of such change(s), and include all relevant information required in the notice discussed in Subsection (v) of this Arbitration Agreement.
