Fetch Agent Terms of Use

Effective Date: September 14, 2024

Introduction

Welcome to Fetch Agent, operated by Commonwealth Media, Inc. ("Company," "we," "us," "our"), headquartered at 722 E. Market Street, Leesburg, VA 20176. These Terms of Use (“Terms”) constitute a legally binding agreement between you ("you," "your") and Commonwealth Media, Inc. regarding the access and use of the Fetch Agent platform, including our website, fetchagent.com (the "Site"), our mobile applications (the "App"), and any related products or services that link to these Terms (collectively, the "Services").

By accessing or using the Services, you agree to these Terms. If you do not agree to the Terms, you must immediately discontinue use of the Services.


1. Definitions

1.1 "Agreement" refers collectively to these Terms, the Privacy Policy, and any additional terms applicable to your use of the Services.
1.2 "Fetch Agent" refers to the platform accessible via fetchagent.com and the associated mobile applications developed and maintained by Commonwealth Media, Inc.
1.3 "User" refers to any individual or entity accessing or using the Services, whether registered or not.
1.4 "Contributions" refer to content that users submit, post, or make available on or through the Services, including but not limited to property information, reviews, feedback, and photos.
1.5 "Third-Party Content" refer to content that users submit, post, or make available on or through the Services, including but not limited to property information, reviews, feedback, and photos.
1.6 "Services" refers to all features, functions, and associated services provided by Fetch Agent.

2. Acceptance of Service

By accessing and using the Services, you accept and agree to be bound by these Terms, including our Privacy Policy. If you do not agree, you must not use the Services.

3. Modifications to Terms

We reserve the right to modify these Terms at any time, with any material changes becoming effective upon posting. We will notify you of significant updates, but it is your responsibility to review the Terms regularly. Continued use of the Services after changes are made constitutes acceptance of the updated Terms.

4. Eligibility and User Registration

4.1 Eligibility You must be at least 18 years of age and possess the legal authority to enter into this Agreement. By using the Services, you represent that you meet this requirement.
4.2 User Registration Certain features of the Services may require registration. You agree to provide accurate and current information during the registration process. You are responsible for safeguarding your password and are accountable for all activities under your account.

5. User Conduct and Obligations

5.1 Prohibited Conduct

You agree not to:

  • Post or transmit any illegal, harmful, defamatory, or objectionable content.
  • Exploit the Services for commercial purposes without our authorization.
  • Misrepresent yourself or impersonate another person or entity.
  • Use any automated means (e.g., bots, scrapers) to access or extract data from the Services.
  • Engage in spamming, phishing, or distributing malware.
  • Use the Services for any illegal activity or violate any laws in connection with your use of the Services.
5.2 Termination of Access Failure to comply with these conduct standards may result in suspension or termination of your account and access to the Services, at our discretion.

6. Intellectual Property Rights

6.1 Our Intellectual Property Fetch Agent accepts various payment methods, including credit cards, Services, including text, images, source code, and design elements (collectively, “Content”), are owned by Commonwealth Media, Inc. and are protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes.
6.2 User Contributions By submitting any Contributions, you grant Commonwealth Media, Inc. a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your Contributions in connection with the Services. You represent that you have all necessary rights to grant this license.
6.3 Prohibited Uses You may not copy, distribute, display, modify, or create derivative works from any part of the Services or Content, except as explicitly authorized by us. You may not reverse-engineer, decompile, or disassemble any software or functionality in the Services.

7. Purchases and Payment Terms

7.1 Payment Methods Fetch Agent accepts various payment methods, including credit cards, debit cards, and PayPal. By making a purchase, you agree to provide accurate billing information and authorize us to charge your payment method on a recurring basis for subscription services.
7.2 Subscription Services Certain Services may require a subscription. You agree that your subscription will auto-renew unless canceled before the next billing cycle. Subscription fees may change, and we will notify you of any increases.
7.3 Refund Policy All sales and subscription fees are final and non-refundable unless otherwise stated in these Terms or required by applicable law.

8. Third-Party Services and Content

The Services may link to or incorporate third-party websites, resources, or services. Fetch Agent does not endorse or control any third-party content or services and is not responsible for any loss or damage resulting from your use of third-party sites.

9. Privacy and Data Protection

9.1 Privacy Policy We are committed to protecting your personal data. By using the Services, you consent to the collection, use, and sharing of your data in accordance with our Privacy Policy.
9.2 Data Security We use reasonable measures to protect your data, but we cannot guarantee absolute security. You agree that you use the Services at your own risk.

10. Disclaimers and Limitation of Liability

10.1 No Warranties The Services are provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 Limitation of Liability To the fullest extent permitted by applicable law, Commonwealth Media, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. Our total liability for any claims related to your use of the Services is limited to the amount you paid for the Services during the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Commonwealth Media, Inc., its officers, directors, employees, and affiliates from any claims, damages, liabilities, losses, or expenses (including legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Dispute Resolution

12.1 Informal Negotitations In the event of a dispute, you agree to first attempt to resolve the issue through informal negotiations with Fetch Agent for at least 30 days before proceeding to arbitration.
12.2 Binding Arbitration If a dispute cannot be resolved informally, it shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA) in Loudoun County, Virginia. You waive your right to a trial by jury or participation in a class action.

13. Governing Law

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any litigation arising from this Agreement shall be brought in the courts located in Loudoun County, Virginia.

14. Force Majeure

We shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including acts of God, war, labor disputes, governmental orders, and other events beyond our control.

15. Termination of Services

15.1 Termination by Fetch Agent We reserve the right to terminate or suspend your access to the Services at any time for any reason, including violation of these Terms, without notice.
15.2 Termination by User You may terminate your account at any time by following the account deletion process on the Site or App.

16. Modifications to the Services

We reserve the right to modify, suspend, or discontinue the Services or any part thereof at any time without notice or liability.

17. Notices

Notices to Fetch Agent must be sent in writing to: Commonwealth Media, Inc.

722 E. Market Street,

Leesburg, VA 20176.

Electronic communication, including e-mail, is not sufficient for legal notices.


18. Miscellaneous

18.1 Entire Agreement These Terms, along with the Privacy Policy and other legal notices published by Fetch Agent, constitute the entire agreement between you and Commonwealth Media, Inc. and supersede all prior agreements.
18.2 Severability If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
18.3 No Waiver Our failure to enforce any provision of these Terms shall not constitute a waiver of our rights to enforce such provisions in the future. By using Fetch Agent, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

19. Contact Information

For any questions regarding these Terms, please contact:

Commonwealth Media, Inc.

722 E. Market Street, Leesburg, VA 20176

Email: help@commonwealthmediainc.com

Electronic communications such as email will not constitute valid notice.


20. Miscellaneous Provisions

20.1 Entire Agreement These Terms, along with our Privacy Policy and any other legal notices published by Fetch Agent, constitute the entire agreement between you and Commonwealth Media, Inc.
20.2 Severability If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
20.3 No Waiver Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

By using Fetch Agent, you acknowledge that you have read, understood, and agreed to these Terms of Use.