Terms of Service

1. Acceptance of Terms

By accessing or using Modern Agent Club's website, tools, and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and Modern Agent Club. We may update these Terms from time to time, and your continued use of our Services after such updates constitutes acceptance of the revised Terms.

2. Description of Services

2.1 Free Services

We provide free access to various real estate tools and calculators, including but not limited to:

• Commission calculators
• Market analysis tools
• Client management tools
• Educational content and blog posts

2.2 Pro Services

Our membership includes additional features such as:

• PDF downloads without watermarks
• Advanced tool features
• Data export capabilities
• Priority customer support
• Exclusive Pro-only tools

3. User Accounts and Eligibility

3.1 Eligibility

You must be at least 18 years old and capable of entering into legally binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Information

For Pro services, you may need to provide accurate and complete information. You are responsible for:

• Maintaining the accuracy of your account information
• Keeping your login credentials secure
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Acceptable Use

4.1 Permitted Uses

You may use our Services for legitimate real estate business purposes, including:

• Calculating commissions and transaction costs
• Analyzing market data
• Managing client information
• Creating marketing materials
• Professional development and education

4.2 Prohibited Uses

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our Services
• Use automated systems to access our Services without permission
• Reverse engineer, modify, or create derivative works
• Remove or alter any proprietary notices
• Use our Services to spam or send unsolicited communications
• Share your Pro account credentials with others

5. Payment and Billing

5.1 Pro Subscription

Pro subscriptions are available on a monthly (0/month) or annual (0/year) basis. All prices are in USD and subject to applicable taxes.

5.2 Billing and Payment

• Payments are processed securely through Stripe
• Subscriptions automatically renew unless canceled
• You will be charged at the beginning of each billing period
• Price changes will be communicated 30 days in advance
• No refunds for partial periods unless required by law

5.3 Cancellation

You may cancel your Pro subscription at any time. Cancellation takes effect at the end of your current billing period, and you will retain access to Pro features until that time.

5.4 Failed Payments

If payment fails, we may:

• Attempt to process payment again
• Suspend your Pro features
• Cancel your subscription after multiple failed attempts

6. Intellectual Property

6.1 Our Content

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, code, and software, are owned by Modern Agent Club and protected by intellectual property laws.

6.2 Your Content

You retain ownership of any data or content you input into our tools. However, you grant us a limited license to process and display this information as necessary to provide our Services.

6.3 Third-Party Content

Our Services may include links to third-party websites or services. We do not endorse or assume responsibility for any third-party content.

7. Privacy and Data

7.1 Data Collection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Local Storage

Many of our tools store data locally in your browser. This data remains on your device and is not automatically transmitted to our servers.

7.3 Data Security

While we implement security measures to protect your information, no system is completely secure. You use our Services at your own risk.

8. Disclaimers

8.1 Service Availability

We strive to maintain 99% uptime but do not guarantee uninterrupted access to our Services. We may experience downtime for maintenance, updates, or technical issues.

8.2 Accuracy of Information

Our tools provide estimates and calculations based on the information you provide. We do not guarantee the accuracy of results and recommend verifying important calculations independently.

8.3 Professional Advice

Our Services are not a substitute for professional legal, financial, or real estate advice. Always consult qualified professionals for important business decisions.

8.4 Third-Party Services

We may integrate with or link to third-party services (such as payment processors or affiliate partners). We are not responsible for the availability, accuracy, or reliability of these services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.1 Warranty Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Limitation of Damages

IN NO EVENT SHALL MODERN AGENT CLUB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR 0 WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Modern Agent Club and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any data or content you submit through our Services

11. Termination

11.1 Termination by You

You may stop using our Services at any time. For Pro subscriptions, you may cancel through your account settings or by contacting us.

11.2 Termination by Us

We may suspend or terminate your access to our Services if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Fail to pay required fees
• Abuse or misuse our Services

11.3 Effect of Termination

Upon termination:

• Your right to use our Services immediately ceases
• We may delete your account and associated data
• Provisions regarding liability, indemnification, and dispute resolution survive

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal legal action, please contact us to attempt to resolve the dispute informally. We commit to working in good faith to resolve any issues.

12.2 Binding Arbitration

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration rather than in court, except for:

• Small claims court matters
• Intellectual property disputes
• Requests for injunctive relief

12.3 Class Action Waiver

You agree that any arbitration or court proceeding shall be limited to the dispute between you and Modern Agent Club individually. You waive the right to participate in class actions or representative proceedings.

13. Governing Law

These Terms and any disputes arising out of or relating to our Services shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

14. Changes to Terms

14.1 Notification of Changes

We may modify these Terms at any time. We will provide notice of significant changes by:

• Posting the updated Terms on our website
• Sending email notification to registered users
• Displaying a notice on our homepage

14.2 Acceptance of Changes

Your continued use of our Services after changes take effect constitutes acceptance of the revised Terms. If you disagree with the changes, you must stop using our Services.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Modern Agent Club regarding our Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

16. Contact Information

For questions about these Terms or our Services, please contact us: