Terms of Use

Updated September 14, 2015

Welcome to AgentRave.com. This website and the AgentRave Applications (as defined below)(the “WebWebsites”), together with the services provided through the Websites (collectively the Websites and services are the “Services”) are owned and operated by Hillman International, LLC, a technology-powered real estate firm headquartered at 4343 Dunriver Drive, Lilburn GA 30047 (“AgentRave”). These Terms of Use, which also include the AgentRave Privacy Policy, serve as the “Agreement” between you and AgentRave regarding the Services, and provide important information to you, including information about your obligations about content and our limitation of liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services.

AgentRave offers a service to the public and to real estate brokers and agents (“brokers and agents”) that provides the public an non-exclusive rights to rank the performance of their brokers and agents; where by allowing the the brokers and agents an opportunity to make improvements.  AgentRave develops the process and platform that allow such interaction but does not offer its own views and/or opinions concerning the performance of any brokers or agents.

By accessing the Website and/or using the Services (defined below), you agree to be bound by all the provisions of this Terms of Use Agreement. If you do not accept and agree to all the provisions of the Agreement, you are not authorized to access the Site or use the Services.

  1. Who Can Use the AgentRave Services – You must be: a) at least the age of majority in the state where you live to use the Websites, and b) a resident of the United States. If you are under 13 years old, do not use the Websites.
  1. Intellectual Property Ownership and License
    • CopyrightAll materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by AgentRave or are licensed by AgentRave for use on the Websites. Our Website features Ultimate Member, please review their legal documents. Portions of this page are modifications based on work created and shared by Ultimate Member and used according to terms described in the License agreement.
    • TrademarksAgentRave, the AgentRave logos and other AgentRave trademarks, service marks, graphics, and logos used in connection with AgentRave are trademarks or registered trademarks of AgentRave in the U.S. and/or other countries. Other trademarks and logos used in connection with AgentRave may be the trademarks of their respective owners.
    • Other Intellectual PropertyAgentRave also owns trade secrets and know-how that contribute to the functionality of the Services.
    • License GrantedThe AgentRave Services are available for your personal use, and we grant you permission to access, view, and use the Services so long as your use complies with these Terms of Use and any other applicable AgentRave policies.
    • RestrictionsExcept as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the AgentRave name or trademarks without our specific permission. We may revoke your permission to access and use the Websites, and we may block or prevent you from accessing the Websites, in our discretion without notice. If you violate the Terms of Use, your permission to access and use the Websites is automatically revoked.
    • Reservation of RightsExcept for the limited license granted above, AgentRave reserves all of its intellectual property rights in the Websites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
    • Information AggregationAgentRave is not responsible for any errors in displayed information or delays in displaying information. All consumable information on the Websites is either transmitted to AgentRave from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of AgentRave by sending feedback but it is likely that such information accuracy cannot be corrected by AgentRave and the entity or person that generated the information must be appealed to.
    • LicenseYou grant AgentRave a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. AgentRave may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant AgentRave a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to AgentRave, without any further consent, notice and/or compensation to you or to any third parties.
  1. Registration – You must register for an AgentRave account as broker, agent, or general public user. You also must register before you can participate in the general FAQs forums or submit complete a profile or provide a review. By registering for an AgentRave account you are agreeing to these Terms of Use as well as the Privacy Policy. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your AgentRave profile information accurate. You agree to keep your password confidential, not use others’ accounts, nor permit others to use your account. AgentRave reserves the right to terminate accounts in its discretion.
  2. Your Submissions
    • As a condition of your access to the Website and use of the Services, you are prohibited from (i) posting, uploading, exhibiting, communicating or distributing content which violates any applicable laws, rules or regulations or which AgentRave, in its sole and absolute discretion, deems to be inappropriate and (ii) engaging in conduct which violates any applicable laws, rules or regulations or which AgentRave, in its sole and absolute discretion, deems to be inappropriate. Examples of such prohibited content and prohibited conduct include, without limitation, the following:
      • Posting, uploading or transmitting any content that violates any privacy right, publicity right, patent, trade mark, trade secret, copyright or other proprietary right, or contract right or other right of any party;
      • Posting, uploading or transmitting any content that the user knows is untrue, misleading or incorrect or that constitutes a deliberate misrepresentation upon which the user intends third parties to rely;
      • Posting, uploading or transmitting any content or engaging in any conduct that is offensive, harmful, threatening, abusive, harassing, defamatory, libelous, or obscene or that is unlawful in any manner or that degrades, intimidates, promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual, including, without limitation, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      • Posting, uploading or transmitting any content that is pornographic or that exploits people (adults or children) in a sexual or violent manner; or contains nudity, excessive violence, or offensive subject matter or that contains a link to any of the foregoing types of content or to an adult website or in any way using the Site or the Services in connection with any adult entertainment or pornography business;
      • Copying, reproducing, modifying (including, without limitation, altering, obscuring, deleting, etc. any copyright or other legally required notices, credits, logos, trade marks, etc.), creating derivative works from, or distributing in any manner or medium any content posted on the Site or through the Services in any manner which is in violation of the terms of the Agreement or other applicable agreements;
      • Impersonating any person or entity, or submitting any materials to the Site or through the Services that are false, inaccurate, deceptive, misleading, unlawful, or are otherwise in violation of the Agreement, including, without limitation, utilizing misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any content transmitted to the Site or through the Services;
      • Except as explicitly permitted by the Agreement and Additional Terms, or otherwise pre-approved in writing by AgentRave, engaging in any commercial activity on the Site or including any links to commercial Services or websites or uploading, posting or otherwise transmitting any content that contains advertising or any solicitation regarding products, goods or Services;
      • Interfering with any user’s right to privacy; soliciting or collecting user names, passwords, emails, personal identifying information or other information from any user; engaging in conduct that poses or creates a privacy or security risk to any person; or posting personal information about a third party;
      • Engaging in conduct that involves the posting, uploading or transmission of unsolicited or unauthorized advertising or promotional materials, “junk mail,” “chain letters,” unsolicited mass mailing, “spimming,” or “spamming”;
      • Engaging in any action or inaction that could disable, overload, impair the infrastructure of the Site or impair the proper functioning of the Services, including, without limitation, uploading, posting or otherwise transmitting any software or materials which contain a virus or other harmful or disruptive component; circumventing, altering or interfering with any computer software, or security-related features of the Site or the Services; or deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way utilized in connection with the Site or the Services;
      • Accessing or attempting to access the Website or the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) or gaining, or attempting to gain, unauthorized access to any servers, computer systems or databases utilized in connection with the Site or the Services;
      • Using the communication systems provided by the Website for any solicitation or other commercial purposes, unless otherwise authorized by AgentRave, or AgentRave and the specific user, as applicable;
      • Uploading, posting or transmitting any content that advocates or provides instruction on illegal activity or communicating on or through the Site regarding illegal activities with the intent to commit them;
      • Engaging in any conduct that in AgentRave’s sole discretion restricts or inhibits any other user from enjoying the use of the Site or any of the Services.
    • DisclaimerAgentRave takes no responsibility and assumes no liability for any Submissions posted by you or any third party. We may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Websites. AGENTRAVE IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON AGENTRAVE.
    • Forums AgentRave may offer forums and blogs where you can post your observations and comments on designated topics. AgentRave account holders may create forum topic threads. AgentRave, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that everything you share in a forum or blog may be seen and used by other users of the Services.
  3. How AgentRave May Communicate with You – For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about reviews and notifications you might be interested in), you agree that AgentRave may communicate with you through the contact information associated with your AgentRave account or AgentRave profile, including your device ID, email, mobile number, license number, telephone, or the postal address you provided (if any). Please review your or settings on your mobile device to control what kind of messages you receive from AgentRave. AgentRave has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize AgentRave to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a AgentRave Agent or staff member, or a Partner Agent, as defined below). When you make such a request to AgentRave you are extending an express invitation for AgentRave, or another appropriate entity or person, to contact you.
  4. Third Party Websites – AgentRave may include links to third party webWebsites (“Third Party Websites”) in its Services, including links to Third Party Websites from our database. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. AgentRave is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Websites.
  5. Termination – You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you’d like to deactivate your account, please visit www.agentrave.com and navigate to your account and delete account.
  6. Indemnification – You agree to indemnify AgentRave and hold AgentRave harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the AgentRave Websites or using the AgentRave Services.
  7. Disclaimers – AGENTRAVE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. AGENTRAVE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AGENTRAVE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY AGENTRAVE OR ANYTHING RELATED TO AGENTRAVE, YOU MAY DEACTIVATE YOUR AGENTRAVE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. AGENTRAVE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH AGENTRAVE TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. AGENTRAVE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, AGENTRAVE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. AGENTRAVE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. AGENTRAVE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AGENTRAVE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
  8. Limitation of Liability – IN NO EVENT WILL AGENTRAVE OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST AGENTRAVE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
  9. Dispute Resolution – Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by AgentRave, or to any acts or omissions for which you may contend AgentRave is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be venued in Lilburn, Georgia. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Lilburn, Georgia. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and AgentRave, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Lilburn, Georgia. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.