Terms of Service

By accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Platform.

These Terms contain an agreement to arbitrate certain disputes and a waiver of the right to participate in class actions. See Section 11 (Dispute Resolution).

1. Definitions

1.1 "A2A Program" means the Agent2Agent Referral Program described in Section 7.

1.2 "Agent Member" means a licensed real estate agent or broker who has registered with EffectiveAgents and entered into a Referral Agreement to receive Platform Referrals.

1.3 "Consumer" means a prospective buyer, seller, or other non-licensed user of the Platform.

1.4 "Platform Referral" means a Consumer introduced to an Agent Member by EffectiveAgents through the Platform's matching service.

1.5 "Prospect" means any individual or entity, whether or not a Consumer or a Platform user, who is referred to an Agent Member through a Platform Referral or the A2A Program, including any person acting on their behalf or any related party directly or indirectly involved in a resulting transaction.

1.6 "Referral Agreement" means the digitally executed referral fee agreement between an Agent Member and EffectiveAgents.

1.7 "Referring Broker" means an Agent Member who submits a Prospect into the A2A Program.

1.8 "Receiving Broker" means an Agent Member who accepts a Prospect through the A2A Program.

1.9 "Services" means the agent matching service, the A2A Program, and any other services made available through the Platform.

2. Nature of the Service

2.1 What we do. EffectiveAgents is a data-driven matching service that uses verified home sale transaction data to connect Consumers with licensed real estate agents. We are a licensed real estate brokerage in Florida and operate in compliance with applicable state and federal housing laws.

2.2 What we are not. Except where we act as a licensed brokerage in Florida, we do not perform traditional brokerage services. We do not list, show, or represent properties outside our licensed jurisdiction. All brokerage activities in connection with a referral are performed by the Agent Member and their supervising broker.

2.3 Automated matching. Our matching service uses automated processes to evaluate verified performance data, location, and your stated preferences in order to select agents for introduction. If you would like more information about how our automated matching works, contact us at service@effectiveagents.com.

2.4 No endorsement of any individual transaction. While we vet and match agents based on verified performance data, we do not guarantee any outcome and are not a party to any agreement between a Consumer and an Agent Member.

3. General Terms (All Users)

3.1 Accuracy of Information

You agree that all information you submit to EffectiveAgents is accurate and complete, and you will promptly update any information that changes or becomes inaccurate. If we identify inaccurate information, we may correct it, request verification, or suspend access pending resolution.

3.2 Prohibited Conduct

You agree not to:

(a) submit content that is offensive, harassing, defamatory, obscene, discriminatory, or harmful to minors;

(b) engage in fraudulent activity, identity misrepresentation, or phishing;

(c) transmit spam, unsolicited commercial messaging, or malware of any kind;

(d) harvest, scrape, or otherwise collect personally identifiable information about other users without consent;

(e) use robots, spiders, or other automated means to access, monitor, copy, or "scrape" any portion of the Platform without our prior written consent;

(f) reverse engineer, decompile, disassemble, or attempt to derive source code from the Platform or any software made available through it;

(g) interfere with the operation of the Platform, use any device or routine to disrupt its functionality, or impose an unreasonable or disproportionately large load on our infrastructure;

(h) engage in unauthorized commercial activity, advertising, solicitations, contests, sweepstakes, or pyramid schemes through the Platform;

(i) submit materials that contain viruses, Trojan horses, worms, or other malicious code;

(j) submit materials that provide instructional information about illegal activities;

(k) access or attempt to access restricted or password-protected areas of the Platform without authorization; or

(l) engage in any activity that violates applicable law, third-party rights, or these Terms.

3.3 Intellectual Property

The Platform, its content, and all associated trademarks, logos, and software are owned by EffectiveAgents or its licensors and are protected by intellectual property laws. You receive a limited, revocable, non-exclusive, non-transferable license to access the Platform solely for its intended purpose. All rights not expressly granted are reserved.

3.4 Third-Party Links and Services

The Platform may contain links to third-party websites and services. We do not endorse or control those services and are not responsible for their content, policies, or practices.

3.5 Availability

We strive to maintain Platform availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Platform at any time, with or without notice.

3.6 Electronic Signatures and Communications

You consent to transact business with us electronically. Electronic signatures, digital agreements, and electronic records have the same legal effect as paper counterparts under the federal E-SIGN Act and applicable state law. You have the right to withdraw this consent by contacting service@effectiveagents.com, though doing so may prevent further use of the Platform.

3.7 Modifications to the Terms

We may modify these Terms at any time. Material changes will be communicated by email, Platform notice, or both, at least thirty (30) days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. For Agent Members with an executed Referral Agreement, these Terms and the Referral Agreement are intended to operate together; in the event of any direct conflict between a specific provision of these Terms and a specific provision of a signed Referral Agreement, the Referral Agreement controls as to that provision only, and all other provisions of these Terms remain in full force and effect.

4. Terms for Consumers (Buyers and Sellers)

4.1 How the Match Works

When you submit a request for a match, our algorithm selects up to three (3) qualified, licensed real estate agents based on verified home sale performance data, your location, and your stated needs. You may be contacted by some or all of those agents as well as by EffectiveAgents. If you prefer to select a single specific agent directly, you may do so through any city, ZIP code, or neighborhood page on the Platform.

4.2 Communications and TCPA Consent

By submitting your contact information to the Platform, you expressly consent to receive telephone calls, text messages (SMS and MMS), emails, prerecorded voice messages, and other communications from:

(a) EffectiveAgents and its affiliates; and

(b) the up to three (3) licensed real estate agents matched to your request (or, if you selected a specific agent directly, that agent).

This consent applies to communications made using automatic telephone dialing systems or prerecorded or artificial voice technology, at the telephone number you provided, and applies even if your number appears on any state, federal, or corporate Do-Not-Call registry.

Your consent is not a condition of receiving any service or obtaining any benefit from EffectiveAgents. Standard message and data rates may apply. Message frequency varies. You may opt out of text messages at any time by replying STOP. You may opt out of marketing emails using the unsubscribe link in any marketing message. To stop all non-transactional communications, contact us at service@effectiveagents.com or call 855-472-9275.

4.3 No Direct Charge to Consumers

EffectiveAgents does not charge Consumers for the matching service. We are compensated through a referral fee paid by the Agent Member's brokerage out of the commission earned on a closed transaction.

4.4 Agent Relationships Are Separate

Any agreement you enter with a referred agent, including any buyer representation agreement, listing agreement, or compensation arrangement, is between you and that agent's brokerage. EffectiveAgents is not a party to those agreements and does not set or control their terms.

4.5 Buy-Side Referrals and NAR Settlement Acknowledgment

Following the 2024 settlement in Burnett v. National Association of Realtors and related rule changes, buyers working with a real estate agent are generally required to enter into a written buyer representation agreement before touring homes. You acknowledge and understand that:

(a) each matched agent you engage will present a written buyer representation agreement that must be signed before they show you homes;

(b) buyer broker compensation is no longer offered or communicated through the MLS and must be negotiated separately between you, your agent, and (where applicable) the seller or listing brokerage;

(c) if a seller or seller's brokerage does not offer to cover your agent's compensation, you may be responsible for compensating your agent under the terms of your buyer agreement;

(d) EffectiveAgents does not set buyer broker compensation rates and does not participate in the negotiation of those rates.

4.6 Right to Terminate

You may stop using the Platform at any time. If you have been matched with agents, you are not obligated to work with them.

5. Terms for Agent Members (Platform Referrals)

5.1 Eligibility

To be an Agent Member, you must:

(a) hold an active, valid real estate license in good standing in each jurisdiction where you receive Platform Referrals;

(b) be affiliated with a licensed brokerage that permits your participation;

(c) maintain professional liability (E&O) insurance;

(d) comply with all federal, state, and local real estate laws, including the Fair Housing Act, RESPA, TCPA, and any state-specific agency disclosure rules.

5.2 Referral Fee

By accepting a Platform Referral, you and your brokerage agree to pay EffectiveAgents the referral fee set forth in your executed Referral Agreement. The referral fee:

(a) applies to each transaction in which the Prospect is directly or indirectly involved, including both sides of a dual-sided transaction;

(b) is calculated on the gross commission earned by your brokerage before any splits, franchise fees, broker deductions, or other adjustments;

(c) is not subject to offset, discount, or delay for any reason.

5.3 Procuring Cause

Upon delivery of a Platform Referral, EffectiveAgents is deemed the procuring cause of the introduction between the Agent Member and the Prospect. You waive any claim, defense, or argument inconsistent with this status.

5.4 No Lookback Limitation

Referral fees apply to any transaction involving a referred Prospect regardless of when the transaction closes. We do not impose a lookback period because real estate timelines shift, and we remain committed to nurturing Prospects until they are ready to transact. Each referred Prospect relationship is judged on its own merits.

5.5 Timing and Documentation

You agree to:

(a) notify EffectiveAgents promptly when a referred Prospect enters into a listing agreement or purchase and sale contract;

(b) provide the closing disclosure, settlement statement, or equivalent document to EffectiveAgents; and

(c) remit payment within ten (10) business days of receipt of commission funds by your brokerage.

5.6 Independent Contractor Status

You are an independent contractor, not an employee, agent, joint venturer, or partner of EffectiveAgents. You are solely responsible for the brokerage services you provide to any Prospect.

5.7 Forwarding Prohibited

You may not forward, assign, or redirect any Platform Referral to another agent, team, or brokerage without our prior written consent. Any fee earned on a forwarded referral without consent is owed in full to EffectiveAgents within ten (10) business days of receipt.

5.8 Anti-Circumvention

You agree not to take any action designed to avoid, circumvent, or reduce the referral fee obligations under this Section 5, including but not limited to delaying a transaction closing, structuring a transaction through a related party or entity, representing the Prospect under a different name or license, transferring the Prospect relationship to another agent or brokerage outside the Platform, or otherwise attempting to capture the economic benefit of a Platform Referral without remitting the applicable referral fee. Any fee or compensation earned in connection with a circumvented transaction is owed in full to EffectiveAgents.

5.9 Non-Solicitation of Agent Members

During your participation in the Platform and for twelve (12) months following termination of your participation, you agree not to directly or indirectly solicit, recruit, or encourage any other Agent Member to (a) leave the Platform, (b) refer Prospects outside of EffectiveAgents, or (c) join any competing agent referral, matching, or lead generation platform. This restriction does not apply to general marketing or recruiting efforts not specifically targeted at EffectiveAgents Agent Members.

5.10 Non-Solicitation of EffectiveAgents Personnel

During your participation in the Platform and for twelve (12) months following termination of your participation, you agree not to directly or indirectly solicit, recruit, or hire any employee, officer, or contractor of EffectiveAgents with whom you had substantive contact through the Platform, without our prior written consent. This restriction does not prohibit general recruiting advertisements not targeted at EffectiveAgents personnel, or the hiring of any individual who independently responds to such an advertisement.

5.11 Reporting Obligations

You will promptly update EffectiveAgents regarding:

(a) any change in your license status, brokerage affiliation, or contact information;

(b) any material disciplinary action, complaint, or litigation that could affect your eligibility; and

(c) the status of any referred Prospect at reasonable intervals.

5.12 Authority to Bind Brokerage

By accepting these Terms and any Referral Agreement, you represent and warrant that you have actual authority from your supervising broker or brokerage to bind that brokerage for the limited purpose of the referral fee payment obligations set forth in these Terms and the Referral Agreement. If you do not have such authority, you will obtain a countersignature from your broker of record before accepting any Platform Referral.

5.13 Suspension and Termination

We may limit, suspend, or terminate your access to the Platform at any time, with or without cause, including for:

(a) breach of these Terms or the Referral Agreement;

(b) loss or suspension of real estate license;

(c) poor Prospect feedback, non-responsiveness, or a pattern of complaints;

(d) fraudulent or deceptive conduct; or

(e) violation of applicable law.

Referral fee obligations on Prospects delivered before suspension or termination survive and remain enforceable.

6. Brokerage Compliance and Broker of Record

6.1 Broker of Record Acknowledgment

Agent Members operating under a supervising broker of record are responsible for ensuring that their broker of record is aware of, and consents to, their participation on the Platform and the obligations set forth in these Terms and the Referral Agreement. Where required by state law, brokerage policy, or the broker of record, the Agent Member will obtain a countersignature from the broker of record on the Referral Agreement. Failure to obtain a required broker of record signature does not relieve the Agent Member of any obligation under these Terms.

6.2 Joint Liability for Referral Fees

The Agent Member and their brokerage are jointly and severally responsible for the payment of referral fees owed under Sections 5 and 7 and for compliance with all applicable real estate laws in connection with a referred Prospect. Nothing in these Terms creates a duty of supervision, training, or oversight by EffectiveAgents over any Agent Member or their brokerage.

6.3 Professional Liability Insurance

Agent Members will maintain professional liability (errors and omissions) insurance in amounts customary for their market and will provide proof of coverage upon request.

7. Agent2Agent Program

7.1 Overview

The Agent2Agent Program ("A2A Program") allows Agent Members to submit their own prospects into the EffectiveAgents network for referral to another licensed agent in our network. Participation is subject to these Terms, your Referral Agreement, and any A2A-specific program terms presented at enrollment.

7.2 Eligibility to Submit Referrals (Referring Broker)

Any Agent Member in good standing may submit a Prospect into the A2A Program as a Referring Broker, subject to compliance with Section 5 and applicable law.

7.3 Eligibility to Receive Referrals (Receiving Broker)

Not all Agent Members are eligible to receive A2A Program referrals. Agent Members on legacy Referral Agreements may not be eligible to receive A2A referrals. This does not affect an Agent Member's eligibility to receive Platform Referrals, which remains governed by Section 5. Eligibility to receive A2A referrals is determined by EffectiveAgents in its sole discretion.

7.4 Referral Fee Structure

For each A2A Program transaction that closes:

(a) the Receiving Broker's brokerage pays EffectiveAgents the referral fee set forth in the Receiving Broker's Referral Agreement, calculated on the gross commission before any splits or deductions, in accordance with Section 5.2;

(b) EffectiveAgents remits an amount equal to twenty-five percent (25%) of the gross commission earned on the transaction to the Referring Broker's brokerage; and

(c) EffectiveAgents retains the balance of the referral fee as its compensation for originating, administering, and servicing the A2A Program.

7.5 Payment Timing

EffectiveAgents will remit the Referring Broker's 25% within ten (10) business days of receipt and clearing of the referral fee from the Receiving Broker's brokerage. Payment to the Referring Broker is conditioned on EffectiveAgents' receipt of cleared funds. Neither EffectiveAgents nor the Referring Broker has any claim to referral funds unless and until a qualifying transaction closes and commission is received.

7.6 Procuring Cause Between A2A Agents

As between the Referring Broker and the Receiving Broker, EffectiveAgents is the procuring cause of the introduction. Any dispute over procuring cause between participating agents does not affect the Receiving Broker's obligation to pay the full referral fee to EffectiveAgents.

7.7 No Lookback Limitation

A2A Program referrals are not subject to a lookback period. Each referred Prospect is judged on its own merits, consistent with Section 5.4.

7.8 Forwarding Prohibited

Neither the Referring Broker nor the Receiving Broker may forward an A2A Program referral to a third party without EffectiveAgents' prior written consent. Any fee earned on a forwarded referral without consent is owed in full to EffectiveAgents.

7.9 Compliance

Both the Referring Broker and the Receiving Broker are responsible for:

(a) ensuring that any referral complies with RESPA, state-specific licensee-to-licensee referral rules, and their respective brokerage policies;

(b) providing a signed referral agreement or equivalent document as required by their state; and

(c) complying with all fair housing, anti-discrimination, and consumer protection laws.

7.10 No Guarantee

EffectiveAgents does not guarantee the volume, quality, readiness, or transaction likelihood of A2A Program referrals. Participation confers no right to a minimum number of referrals or to any particular outcome.

7.11 Termination of A2A Participation

EffectiveAgents may suspend or terminate any Agent Member's participation in the A2A Program at any time, with or without cause. Referral fee obligations and payment rights on transactions initiated before termination survive.

8. Privacy and Data

Your use of the Platform is subject to our Privacy Policy, which describes how we collect, use, and share information, and which sets forth your rights under applicable state privacy laws, including the California Consumer Privacy Act (as amended by the CPRA), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Texas Data Privacy and Security Act, the Florida Digital Bill of Rights, and other applicable state and federal privacy laws. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

9. Disclaimers

9.1 THE PLATFORM AND ALL SERVICES, CONTENT, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFFECTIVEAGENTS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.3 WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY INFORMATION PROVIDED IS ACCURATE, CURRENT, OR COMPLETE.

9.4 ANY IDENTITY VERIFICATION OR BACKGROUND CHECK WE PERFORM IS LIMITED IN SCOPE AND DOES NOT GUARANTEE THE CONDUCT OF ANY AGENT OR CONSUMER.

9.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EFFECTIVEAGENTS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR SERVICE INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, REGARDLESS OF THE LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF EFFECTIVEAGENTS TO YOU UNDER OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED:

(a) FOR A CONSUMER, FIVE HUNDRED DOLLARS ($500); OR

(b) FOR AN AGENT MEMBER, THE GREATER OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) OR THE TOTAL REFERRAL FEES PAID BY THE AGENT MEMBER TO EFFECTIVEAGENTS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.3 THE LIMITATIONS IN SECTION 10.2 DO NOT APPLY TO: (a) LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE; (b) INDEMNIFICATION OBLIGATIONS UNDER SECTION 12; (c) BREACH OF REFERRAL FEE PAYMENT OBLIGATIONS UNDER SECTIONS 5.2 OR 7.4; OR (d) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

10.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY IN FULL.

11. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

11.1 Informal Resolution

Before initiating arbitration or filing any claim, you agree to contact us at service@effectiveagents.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days. We will likewise attempt informal resolution before initiating any claim against you.

11.2 Binding Arbitration

Except as described in Section 11.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services (a "Dispute") shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or Comprehensive Arbitration Rules and Procedures (for claims of $250,000 or more), as applicable. The arbitration shall be conducted in Pinellas County, Florida, or another location mutually agreed to by the parties, or by telephone or video conference at the claimant's option. The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The only exception is that a court may decide whether a claim falls within the Section 11.4 carve-outs.

Filing fees, administrative fees, and arbitrator compensation shall be allocated in accordance with the applicable JAMS rules, including the JAMS Consumer Minimum Standards where the claimant is a Consumer. For Consumer claims, EffectiveAgents will pay all JAMS fees in excess of the then-current JAMS consumer filing fee. For Agent Member claims, fees will be allocated as provided in the JAMS Comprehensive or Streamlined Rules, as applicable, subject to the arbitrator's authority to reallocate fees in the final award.

11.3 Class Action Waiver

YOU AND EFFECTIVEAGENTS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this waiver is found to be unenforceable, then the entirety of Section 11.2 (Binding Arbitration) shall be null and void, but the remainder of these Terms shall remain in full force and effect.

11.4 Exceptions to Arbitration

The following claims are not subject to arbitration:

(a) claims that may be brought in small claims court, provided the claim remains in that court and is brought on an individual basis;

(b) claims for injunctive or equitable relief relating to the infringement, misappropriation, or enforcement of intellectual property rights;

(c) actions by EffectiveAgents to collect referral fees owed under Section 5 or Section 7;

(d) any other claim where arbitration is prohibited by applicable law.

11.5 Consumer Right to Opt Out of Arbitration

Consumers may opt out of Section 11.2 (Binding Arbitration) and Section 11.3 (Class Action Waiver) by sending written notice to service@effectiveagents.com within thirty (30) days of first accepting these Terms. The notice must include your full name, the email address and phone number you used, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

11.6 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 11.2.

11.7 Venue for Non-Arbitrable Claims

For any Dispute not subject to arbitration, the parties submit to the exclusive jurisdiction of the state courts located in Pinellas County, Florida (within the Sixth Judicial Circuit of Florida) or the federal courts of the Middle District of Florida, and waive any objection to venue or forum non conveniens in those courts.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE SERVICES THAT IS NOT SUBJECT TO ARBITRATION UNDER THIS SECTION 11.

11.8 Attorneys' Fees

In any action to enforce these Terms, the prevailing party is entitled to recover reasonable attorneys' fees, paralegal fees, and costs, including fees and costs incurred in pre-suit collection efforts, litigation, appeals, bankruptcy proceedings, and post-judgment collection. This provision does not limit any statutory fee-shifting rights.

11.9 Batch Arbitration

If twenty-five (25) or more similar Demands for Arbitration are filed against EffectiveAgents by or with the assistance of the same law firm or coordinated group of counsel within a ninety (90) day period, the parties agree that the arbitrations will be administered in sequential batches as follows:

(a) The first batch will consist of up to twenty (20) arbitrations, selected by the parties (ten each) as bellwether cases. These will proceed to final award before any additional arbitrations in the group are initiated.

(b) Following completion of the first batch, the parties will engage in good-faith mediation for sixty (60) days to resolve remaining claims based on bellwether outcomes.

(c) Filing fees, case management fees, and arbitrator fees for arbitrations beyond the first batch are stayed until mediation concludes.

(d) Any statute of limitations is tolled for all claims in the group during the batch process.

If JAMS declines to administer a batch process consistent with this Section, the parties will mutually select an alternative administrator or proceed in court on an individual, non-class basis.

11.10 Survival

This Section 11 survives termination of these Terms.

12. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless EffectiveAgents and its officers, directors, employees, agents, affiliates, and successors from and against any claims, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) your breach of these Terms, the Privacy Policy, or any Referral Agreement;

(b) your violation of applicable law or any third-party right;

(c) your interaction with any Consumer, Prospect, or Agent Member, including any claims of negligence, misrepresentation, fair housing violation, or professional misconduct;

(d) any brokerage services you provide; or

(e) any content you submit to the Platform.

EffectiveAgents reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate in asserting any available defenses.

13. Non-Disparagement

The parties agree not to make any public statement, whether directly or indirectly, that is materially false and calculated to harm the other party's reputation, goodwill, or business relationships. This provision does not restrict:

(a) truthful statements required by law, subpoena, or regulatory process;

(b) good-faith reports to licensing authorities or law enforcement;

(c) truthful reviews or feedback submitted through legitimate consumer channels.

In the event of a breach or threatened breach of this Section 13, the parties agree that monetary damages alone would be inadequate and that the injured party would suffer irreparable harm. The injured party is entitled to seek injunctive or other equitable relief, in addition to any other available remedies, without the necessity of posting a bond or other security and without being required to prove actual damages. Any claim for monetary damages arising from a breach of this Section 13 shall be submitted to arbitration in accordance with Section 11, and the amount of such damages shall be determined by the arbitrator based on the evidence presented.

14. General Provisions

14.1 Entire Agreement

These Terms, the Privacy Policy, and any applicable Referral Agreement or program-specific terms constitute the entire agreement between you and EffectiveAgents and supersede any prior agreements on the same subject matter.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to be enforceable.

14.3 No Waiver

Our failure to enforce any provision is not a waiver of that provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction, with notice to you.

14.5 Relationship of the Parties

These Terms do not create any employment, agency, joint venture, partnership, or franchise relationship.

14.6 Force Majeure

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, labor disputes, government action, or failures of telecommunications or internet service.

14.7 Notices

Notices to you will be delivered by email to the address on file, by Platform notification, or by SMS to the number on file, and are deemed given upon sending. Notices to EffectiveAgents must be sent to service@effectiveagents.com.

14.8 Survival

Provisions that by their nature should survive termination will survive, including Sections 1, 3.3, 5.2, 5.3, 5.4, 5.5, 5.7, 5.8, 5.9, 5.10, 5.12, 5.13, 6.2, 7.4 through 7.8, 9, 10, 11, 12, 13, and 14.

14.9 DMCA

EffectiveAgents respects the intellectual property rights of others. If you believe content on the Platform infringes your copyright, please send a DMCA notice to our designated agent at service@effectiveagents.com with the information required by 17 U.S.C. § 512(c)(3).

14.10 Contact

Questions about these Terms may be directed to:

Acuity Real Estate Services, LLC
d/b/a EffectiveAgents.com
360 Central Avenue, Suite 800
Saint Petersburg, FL 33701
service@effectiveagents.com
855-472-9275

Find A Top Local
Real Estate Agent

I'm a Seller

I'm a Buyer

Find an Agent

Find an Agent