This Mobile Application End User License Agreement (this “Agreement”) is a binding agreement between you, the user of the My Agent’s Pro application (referred to herein as the “End User” or by pronouns “You,” "Your,” or the like) and MyAgentsPro, LLC, a Texas limited liability company (the “Company” or by pronouns “Us,” “We,” “Our,” or the like). This Agreement governs your use of the My Agent’s Pro mobile device/smartphone application (including all related documentation, the “Application”). The Application is licensed, not sold to you.
By clicking the “Agree” button and using the Application, You: (a) acknowledge that You have read and understand this Agreement; (b) represent that You are eighteen (18) years of age or older, (c) accept this Agreement and agree that You are legally bound by its terms; and (d) read, understand, and accept the Company’s Terms of Service (provided on its website www.myagentspro.com), as they may be amended, which is incorporated by reference as if fully set forth herein. If You do not agree to these terms, do not use the Application and uninstall and delete it from your mobile device (if applicable).
Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, and nontransferable license (the “License”) to:
Download, install, and use the Application for your personal use on a single smartphone or mobile device owned or otherwise controlled by you (the “Mobile Device”) strictly in accordance with the Application’s documentation; and
Access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Service applicable to such Content and Services.
The End User shall not:
Copy the Application, except as expressly permitted by this License;
Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
You acknowledge and agree that the Application is provided under the License, and not sold, to you. You do not acquire any ownership interest in the Application or in the Company under this Agreement, or any other rights thereto other than to use the Application in accordance with the License granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly the User Content (as defined in the Terms of Service) created by you or otherwise granted to you in this Agreement.
You acknowledge that when you download, install, or use the Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is outlined and subject to our privacy policies on www.myagentspro.com and on the Application, both of which are incorporated by reference as if fully set forth herein. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with both privacy policies.
The Application may provide You with access to the Company’s website located at www.myagentspro.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, the “Content and Services”). Your access to and use of such Content and Services are governed by Company’s Terms of Service agreement and the Website’s privacy policy located at www.myagentspro.com Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Service and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Service will also be deemed a violation of this Agreement.
The Content and Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that You may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If You access the Content and Services from outside the United States, you are responsible for compliance with local laws.
The Company may from time to time in its sole discretion develop and provide Application updates, which may include software upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality within the Application. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either:
the Application will automatically download and install available Updates; or
you may receive notice of or be prompted to download and install available Updates.
To ensure proper and smooth operation of the Application as we intend, you should promptly download and install all Updates and, should you fail to do so, you acknowledge that the Application or portions thereof may not properly operate as intended or advertised. You further agree that all Updates will be deemed part of the Application and be subject to this Agreement.
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (the “Third-Party Materials”). We may not have control over third-party content; therefore, you acknowledge and agree that the Company will not be held responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ own terms and conditions. You should conduct your own independent investigation and review of Third-Party Materials’ terms and conditions before using them.
The term of this Agreement commences when you acknowledge your acceptance of this Agreement and will continue in effect until terminated by you or the Company as set forth in this Section 9.
You may terminate this Agreement by uninstalling the Application from your Mobile Device and deleting all copies and files thereof.
The Company may terminate this Agreement at any time without prior notice if it ceases to support the Application, which the Company may do in its sole discretion. In addition, this Agreement may terminate immediately and automatically without any prior notice to you if you violate this Agreement or our Terms of Service.
Upon termination:
All rights granted to you under this Agreement and the Terms of Service will also terminate; and
You must cease all use of the Application, uninstall the Application from your Mobile Device, and delete all copies and files of the Application from your Mobile Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity.
The Application is provided to the End User “As Is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and services providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
To the fullest extent permitted by applicable law, in no event will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Application or the Content and Services for:
Personal injury, property damage lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages; and
Direct damages in amounts that in the aggregate exceed the amount actually paid by you for the Application.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or the Company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
The Application may be subject to United States export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in either the federal district court of the Northern District of Texas, Dallas Division, or the courts of the State of Texas in Dallas County, Texas. You waive any and all objections to the exercise of personal and subject-matter jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.]
This Agreement, the Terms of Service, and both privacy policies together constitute the entire agreement between you and us with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
We reserve the right, at our sole discretion, to modify this Agreement, at any time and without prior notice to you. In the event we modify this Agreement, we will post the modification on the Application or provide notice of the modification to you. We will also update the “Last Updated” date of this Agreement. Your continued access or use of the Application will constitute acceptance of the modified Agreement. If the modifications are not acceptable to you, then your only recourse is to cease using the Application, uninstalling the Application, deleting any copies or files thereof, and closing your User Account (as defined in the Terms of Service).