Terms of Service

Introduction

Please read these Terms of Service (this “Agreement”) carefully. This Agreement is a legal agreement between you and 72Sells LLC and its affiliates, as applicable based on the Services (“72Sells,” “we,” “us,” or “our”), governing your access to and use of any website, mobile application, subscription platform, training program, software tool, downloadable resource, educational content, marketing material, form, template, script, video, webinar, or other product, feature, content, or service provided by 72Sells (collectively, the “Services”).

72Sells is a business-to-business subscription platform intended for licensed real estate professionals and their authorized business users. “You” and “your” mean both the individual accessing or using the Services and any entity, brokerage, team, or business on whose behalf or for whose benefit the Services are accessed or used.

By accessing the Services, creating an account, purchasing or maintaining a subscription, downloading or using any 72Sells Materials, or otherwise using the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Services.

The Services provide a limited license to access and use the 72Sells Materials during an active paid subscription. The Services do not constitute a sale, assignment, or transfer of ownership of any 72Sells Materials or other intellectual property.

Our Privacy Policy is incorporated into this Agreement by reference and also governs the collection and use of information in connection with the Services. As provided in our Privacy Policy, we do not sell Personal Information and do not disclose Personal Information to third parties for their own independent marketing, solicitation, recruiting, or lead-generation purposes.

Eligibility and Authorized Users

The Services are intended for licensed real estate professionals. By subscribing to or using the Services, you represent that you are a licensed real estate professional or are accessing the Services on behalf of or for the benefit of a licensed real estate professional, brokerage, real estate team, or related real estate business.

You may permit your employees, assistants, team members, contractors, vendors, and other persons acting on behalf of and for the benefit of your business to access or use the Services only as reasonably necessary for your permitted business use and only in accordance with this Agreement. You are responsible for all access to and use of the Services by any such authorized users, whether or not the access or use was specifically authorized by you.

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring through your account. You must promptly notify 72Sells of any unauthorized access, suspected misuse, or security breach involving your account or the Services.

Subscription Services; Billing; Account Access

72Sells may offer subscription-based access to training materials, educational content, software tools, videos, webinars, downloadable resources, scripts, forms, templates, marketing materials, and related services (collectively, “Subscription Services”). Access to certain portions of the Services may require registration, payment of fees, or both.

Unless otherwise stated at the time of purchase, subscriptions are monthly subscriptions billed in advance and automatically renew on a monthly basis until canceled. By purchasing or maintaining a subscription, you authorize 72Sells and its payment processors to charge your designated payment method for all applicable subscription fees, taxes, and other charges associated with your Subscription Services.

You agree to provide current, complete, and accurate billing and account information and to promptly update such information as necessary to maintain its accuracy. 72Sells may suspend or terminate access to the Services if payment information is invalid, payment is declined, or fees are not timely paid.

You may cancel your subscription at any time through your account settings or by contacting 72Sells at support@72Sells.com. Cancellation stops future renewals. Unless otherwise expressly stated in writing, cancellation becomes effective at the end of the then-current paid monthly subscription period, and your access continues through that paid period. No refunds or credits will be provided for partial billing periods, unused portions of a subscription period, or failure to use the Services.

72Sells may change subscription pricing, features, content, availability, or access requirements from time to time. Any pricing changes to recurring subscriptions will apply prospectively following reasonable notice to you.

72Sells reserves the right to suspend or terminate access to the Subscription Services for nonpayment, unauthorized sharing of account credentials or content, violation of this Agreement, suspected fraud or misuse, unlawful activity, or other conduct that 72Sells reasonably determines may harm the Services, 72Sells, or other users.

Intellectual Property Rights

As between you and 72Sells, 72Sells and its licensors own all right, title, and interest in and to the Services and all materials, content, and intellectual property made available through or in connection with the Services, including without limitation all 72Sells names, trademarks, service marks, logos, trade dress, training programs, videos, presentations, scripts, templates, forms, advertisements, marketing campaigns, graphics, images, downloadable materials, software tools, educational content, methodologies, systems, workflows, updates, enhancements, derivative works, and other materials or content provided by or on behalf of 72Sells (collectively, “72Sells Materials”).

Except for the limited license expressly granted in this Agreement, no right, title, or interest in or to the Services or any 72Sells Materials is transferred to you. All rights not expressly granted are reserved by 72Sells.

You may not use the 72Sells name, trademarks, service marks, logos, or other brand identifiers without 72Sells’s prior written permission, except as expressly permitted through the Services or in materials made available by 72Sells for your permitted use.

Unauthorized copying, reproduction, modification, republication, uploading, downloading, posting, transmission, distribution, resale, sublicensing, public display, creation of derivative works, or other unauthorized use of the Services or any 72Sells Materials is prohibited.

Unauthorized use of 72Sells Materials may cause irreparable harm for which monetary damages alone may be inadequate. 72Sells may seek injunctive, equitable, and other available relief for any actual or threatened unauthorized use, disclosure, reproduction, distribution, or exploitation of 72Sells Materials.

Subscription License

Subject to your continued compliance with this Agreement and payment of all applicable fees, 72Sells grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of your active paid subscription to access and use the Subscription Services and 72Sells Materials solely for your internal business and educational use in connection with your real estate activities.

The Subscription Services provide a license to use the 72Sells Materials and do not constitute a sale or transfer of ownership of any 72Sells Materials.

You may use downloadable 72Sells Materials only as expressly permitted by 72Sells and only during an active paid subscription. Unless 72Sells expressly states otherwise in writing, your right to use any downloaded, customized, adapted, modified, or derivative version of 72Sells Materials terminates when your subscription terminates or expires.

Upon cancellation, expiration, suspension, or termination of your subscription, all license rights granted under this Agreement terminate immediately, except to the extent 72Sells expressly authorizes continued use in writing. You must promptly cease using the Services and all 72Sells Materials, including any customized, adapted, modified, or derivative versions of them.

Nothing in this Agreement prohibits you from using general knowledge, skills, or experience you independently develop. However, you may not continue to use, reproduce, distribute, adapt, display, perform, commercialize, or create competing offerings from 72Sells Materials except as expressly permitted by this Agreement or by 72Sells in writing.

Acceptable Use

You agree that you will not, and will not permit any other person to:

(a) share, sell, transfer, sublicense, disclose, or make available your account credentials or access to the Services except to authorized users permitted under this Agreement;

(b) reproduce, distribute, resell, publish, display, transmit, sublicense, or otherwise exploit any 72Sells Materials except as expressly permitted by this Agreement;

(c) use any 72Sells Materials after your subscription has been canceled, expired, suspended, or terminated;

(d) create, offer, market, sell, or support any training program, subscription service, software tool, coaching program, marketing system, or competing product or service that incorporates, reproduces, adapts, is derived from, or is based upon any 72Sells Materials;

(e) scrape, crawl, harvest, copy, download in bulk, index, monitor, or use automated tools to access, extract, or reproduce data, content, or materials from the Services except as expressly authorized by 72Sells;

(f) use any 72Sells Materials or data from the Services to train, fine-tune, validate, test, develop, or improve any artificial intelligence model, machine learning system, automated decision system, or similar technology without 72Sells’s prior written consent;

(g) circumvent, disable, interfere with, or attempt to bypass any access control, security measure, payment restriction, usage limitation, digital rights management feature, or technical protection associated with the Services;

(h) upload, transmit, or introduce any virus, malware, harmful code, or other technology that may damage, interfere with, or impair the Services or any related system;

(i) use the Services for unlawful, fraudulent, deceptive, defamatory, harassing, abusive, infringing, or otherwise improper purposes;

(j) impersonate any person or entity, misrepresent your affiliation with any person or entity, or submit false or misleading information through the Services;

(k) collect, store, use, or disclose personal information about other users or third parties without all required rights, permissions, and legal authority; or

(l) use the Services in any manner that violates applicable law, professional rules, licensing obligations, brokerage requirements, advertising rules, or this Agreement. 72Sells may investigate suspected violations of this Agreement and may suspend or terminate access to the Services when 72Sells reasonably determines that a violation has occurred or may occur.

User Content and Promotional Use

The Services may permit you to submit, upload, post, transmit, tag, comment on, share, or otherwise provide content, information, feedback, images, recordings, testimonials, reviews, social media posts, or other materials (“User Content”). You are solely responsible for your User Content and for the consequences of submitting or publishing it.

You represent and warrant that you own or have all rights, permissions, licenses, and consents necessary to provide your User Content and to grant the rights described in this Agreement; that your User Content does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, contractual, or other rights of any person; and that your User Content complies with applicable law and this Agreement.

As between you and 72Sells, you retain ownership of your User Content. By submitting User Content to or in connection with the Services, or by using #72Sells, @72Sells, or any similar social media tag or identifier in a way related to the Services, you grant 72Sells a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, edit, adapt, publish, and create derivative works from the User Content for purposes of operating, improving, promoting, and marketing the Services and 72Sells’s business.

72Sells is not obligated to monitor User Content and does not endorse any User Content or any opinion, recommendation, or advice expressed in User Content. 72Sells may refuse, remove, edit, or delete any User Content and may suspend or terminate access to the Services for any User Content or related activity that 72Sells reasonably determines violates this Agreement or may harm 72Sells, the Services, or any other person.

Privacy Policy

Please review our Privacy Policy, which is incorporated into this Agreement by reference and also governs your use of the Services. To the extent there is a direct conflict between this Agreement and the Privacy Policy regarding your use of the Services, this Agreement governs unless the Privacy Policy expressly states otherwise.

Disclaimer of Warranties

THE SERVICES AND ALL 72SELLS MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 72SELLS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

72Sells does not warrant that the Services or any 72Sells Materials will be uninterrupted, error-free, secure, complete, accurate, current, or suitable for your particular business, market, brokerage, transaction, or professional circumstances.

72Sells does not guarantee any business results, marketing results, lead generation, conversion rates, sales volume, revenue, profitability, transaction closings, customer engagement, return on investment, or other commercial outcome from the use of the Services or any 72Sells Materials.

72Sells provides educational, training, and technology-related services. 72Sells does not provide legal advice or financial advice, is not acting as a real estate broker, and is not a party to any transaction between users, brokers, agents, customers, clients, buyers, sellers, or other third parties. You are responsible for your own professional judgment, brokerage compliance, licensing obligations, advertising compliance, and use of the Services in your business.

Limitation of Liability

IN NO EVENT WILL 72SELLS OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES PROVIDING INFORMATION, CONTENT, PRODUCTS, OR SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES BE LIABLE TO ANY USER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOST BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, 72SELLS MATERIALS, USER CONTENT, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF 72SELLS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Because some jurisdictions do not allow the exclusion or limitation of certain damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Regardless of the foregoing, if 72Sells is found to be liable, 72Sells’s total cumulative liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount of fees paid for the specific service giving rise to the claim or (b) US $500.

To the fullest extent permitted by law, you must provide notice to 72Sells of any claim within one year after the claim accrues, or the claim is waived and time-barred.

Indemnification

You agree to indemnify, defend, and hold harmless 72Sells and its officers, managers, members, employees, agents, affiliates, licensors, service providers, successors, and assigns from and against any claim, demand, action, liability, damage, loss, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to (a) your access to or use of the Services or any 72Sells Materials; (b) your User Content; (c) your violation of this Agreement; (d) your violation of applicable law, professional rules, licensing obligations, brokerage requirements, or third-party rights; or (e) any access to or use of the Services by your authorized users or through your account.

Governing Law; Jurisdiction

This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any 72Sells Materials shall be governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

You and 72Sells agree that any action or proceeding arising out of or relating to this Agreement, the Services, or any 72Sells Materials shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You and 72Sells consent to the personal jurisdiction of those courts and waive any objection based on venue, inconvenient forum, forum non conveniens, or any similar doctrine.

Termination

This Agreement remains in effect until terminated in accordance with its terms. You may terminate your subscription by canceling it as described in the Subscription Services section. 72Sells may suspend or terminate your account, subscription, access to the Services, or this Agreement at any time if 72Sells reasonably determines that you have violated this Agreement, failed to pay required fees, engaged in misuse or suspected misuse of the Services, created legal or business risk for 72Sells, or acted in a manner that may harm 72Sells, the Services, or other users.

Upon cancellation, expiration, suspension, or termination, your right to access and use the Services and all 72Sells Materials terminates immediately, except that access may continue through a paid monthly subscription period when cancellation is initiated by you and 72Sells has not otherwise suspended or terminated access for cause.

Upon termination of your license rights, you must stop using all 72Sells Materials, including downloaded, customized, adapted, modified, and derivative versions, and must delete or destroy copies in your possession or control unless 72Sells expressly authorizes continued possession or use in writing.

The provisions of this Agreement that by their nature should survive termination shall survive, including without limitation provisions relating to intellectual property, subscription license restrictions, acceptable use restrictions, User Content licenses, disclaimers, limitation of liability, indemnification, governing law and jurisdiction, and general provisions.

General Provisions

72Sells may amend this Agreement from time to time by posting an updated version or providing notice by other reasonable means. Changes will apply prospectively and will not apply retroactively to claims for which you or 72Sells have already provided notice. Your continued access to or use of the Services after the effective date of an updated Agreement constitutes your acceptance of the updated Agreement.

This Agreement, together with the Privacy Policy and any subscription, order, or written terms expressly incorporated by reference, constitutes the entire agreement between you and 72Sells regarding the Services and supersedes all prior or contemporaneous agreements, understandings, notices, or statements regarding the Services.

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be enforced to the maximum extent permitted by law or replaced by a valid provision that most closely reflects the parties’ intent.

No waiver of any provision of this Agreement or any breach of this Agreement will be effective unless in writing and signed by the party against whom the waiver is asserted. No waiver will constitute a waiver of any other provision or any other or subsequent breach.

You may not assign, transfer, delegate, or sublicense this Agreement or any rights or obligations under it without 72Sells’s prior written consent. 72Sells may assign this Agreement in connection with a merger, acquisition, sale of assets, corporate reorganization, change of control, or transfer of the Services or related business.

You agree that this Agreement and related notices may be accepted, signed, delivered, and retained electronically, and that electronic acceptance has the same legal effect as a handwritten signature. If we request, you agree to sign a non-electronic version of this Agreement.

No agency, partnership, joint venture, employment, franchise, fiduciary, brokerage, or other special relationship is created by this Agreement. Section headings are for convenience only and do not affect interpretation.

Please report violations of this Agreement or submit questions about the Services to support@72Sells.com.