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 EligibilityYou 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 RegistrationCertain 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 AccessFailure 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 PropertyFetch 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 ContributionsBy 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 UsesYou 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 MethodsFetch 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 ServicesCertain 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 PolicyAll 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 PolicyWe 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 SecurityWe 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 WarrantiesThe 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 LiabilityTo 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 NegotitationsIn 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 ArbitrationIf 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 AgentWe 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 UserYou 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 AgreementThese 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 SeverabilityIf 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 AgreementThese 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 SeverabilityIf any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
20.3 No WaiverOur failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

21. Fetch Agent 10x Guarantee

21.1 Introduction

These Terms and Conditions ("Terms") govern the Fetch Agent 10x Guarantee ("Guarantee") available to subscribers of specified Fetch Agent Plans (hereinafter “Agent Plan”). By subscribing to the Agent Plan and participating in the Guarantee, you ("Subscriber" or "Agent") agree to abide by these Terms, which are effective as of your subscription date, including any trial period.

21.2 Preamble: Understanding the Fetch Agent 10x Guarantee

Welcome to the Fetch Agent 10x Guarantee! Our goal is to empower real estate agents who use our platform by offering a guarantee that could multiply the value of their subscription by ten times. We’ve created these terms and conditions to clearly explain how this Guarantee works, what is required from you as an Agent, and what actions could affect your eligibility.

Here’s a simple breakdown:

  1. What the Guarantee Covers: If you sign up for a yearly Agent Plan, we promise that you’ll have the opportunity to earn back ten times the cost of your plan through commission-based contracts secured on our platform. This Guarantee covers the standard one-year subscription term and any trial period you might be offered.
  2. How to Stay Eligible: To make sure the Guarantee applies, you’ll need to use the platform actively and responsibly. This includes responding quickly to client inquiries, accepting and meaningfully communicating with at least 25% of contract invitations that fit your criteria, and keeping your agent profile accurate and up-to-date. You’ll also need to follow professional and ethical standards in your work.
  3. Conditions That Can End the Guarantee: The Guarantee can be voided if you don’t meet the engagement requirements, break any platform rules, misuse client information, or cancel your yearly plan early. We also reserve the right to suspend the Guarantee if we find that your actions negatively impact the platform or other users.

By joining the Fetch Agent platform and taking part in this Guarantee, you agree to these terms. We’ve designed them to ensure fairness and maintain the quality of our community, so we all benefit from a trustworthy and successful experience.

21.3 Eligibility
  1. Yearly Subscription Requirement: The Guarantee is only available to Subscribers who have purchased a yearly Agent Plan. It does not apply to monthly subscriptions.
  2. Trial Period Extension: If the Subscriber is offered a trial period, the Guarantee will be extended to include both the duration of the trial period and the standard one-year subscription term. This effectively provides the Subscriber with additional time to achieve the 10x return, covering the entire length of the trial period plus the one-year subscription period.
21.4 Performance and Engagement Requirements
  1. Timely Response Obligation: The Subscriber must promptly respond to all contract inquiries from the public received through Fetch Agent. Responses must include acceptance, rejection, or a counteroffer and must be provided in a timely manner as defined by Fetch Agent policies.
  2. Acceptance Rate: The Subscriber must accept at least 25% of public contract invitations that meet the Agent's predefined criteria during the Guarantee period.
  3. Commission-Based Contracts: The Guarantee only applies to commission percentage-based contracts facilitated through Fetch Agent and does not extend to other arrangements such as flat fee or hourly arrangements.
21.5 Compliance with Professional Standards
  1. Licensing and Regulatory Compliance: The Subscriber must maintain an active and valid real estate license in the jurisdiction(s) where they operate. Any lapse or suspension in licensing will void the Guarantee.
  2. Adherence to Industry Standards: The Subscriber agrees to follow all applicable real estate laws, regulations, and ethical standards, including fair housing laws, client disclosures, and proper handling of client funds.
21.6 Platform Usage Requirements
  1. Profile Management: The Subscriber must ensure that their agent profile is accurate and up to date, including contact information, service areas, and commission details.
  2. Service Availability: The Subscriber must keep their availability status current and promptly update it if they are temporarily unable to take on new clients or respond to inquiries.
  3. Response Metrics: Fetch Agent will monitor response times and engagement levels. Consistently delayed or non-responsive behavior may lead to warnings or suspension of Guarantee eligibility.
21.7 Client Interaction Standards
  1. Professional Conduct: All client interactions must be conducted with professionalism and courtesy. Verified complaints about unprofessional behavior may result in suspension or revocation of the Guarantee.
  2. Transparency and Disclosure: The Subscriber must disclose any potential conflicts of interest to clients and maintain transparency regarding commission structures, service terms, and any limitations on services offered.
21.8 Limitations on Use of Platform Features
  1. Lead Handling: The Subscriber may only use leads generated through Fetch Agent for conducting real estate transactions originated from Fetch Agent. Misuse of client information, such as for off-platform solicitations or unauthorized purposes, will invalidate the Guarantee.
  2. Marketing and Promotion: Any promotional activities using Fetch Agent branding or client interactions facilitated by the platform must adhere to Fetch Agent’s marketing guidelines.
21.9 Performance Monitoring and Feedback
  1. Performance Review: Fetch Agent reserves the right to review the Subscriber’s performance metrics, including response rates, acceptance rates, and client feedback. The Subscriber must cooperate with these reviews and provide requested documentation.
  2. Feedback Mechanism: The Subscriber is encouraged to provide constructive feedback on platform functionality. However, such feedback does not entitle the Subscriber to compensation or influence over platform policies.
21.10 Data Privacy and Security
  1. Client Data Protection: The Subscriber must adhere to Fetch Agent’s data privacy and security policies. Breach of client data or unauthorized access to the platform may lead to legal action and termination of the Guarantee.
  2. Confidentiality: The Subscriber agrees to maintain the confidentiality of all client information obtained through Fetch Agent.
21.11 Limitations on Liability
  1. Fetch Agent’s Role: The Subscriber acknowledges that Fetch Agent is a platform facilitating connections between agents and clients. Fetch Agent does not guarantee the success of any transaction or client relationship.
  2. No Guarantee of Leads: Fetch Agent does not guarantee the volume or quality of leads provided, and the Subscriber uses the platform at their own risk.
21.12 Dispute Resolution and Binding Arbitration
  1. Client Disputes: The Subscriber is responsible for resolving disputes with clients obtained through Fetch Agent. Fetch Agent may provide limited mediation support but is not obligated to intervene.
  2. Platform Disputes: Disputes between the Subscriber and Fetch Agent, including but not limited to disputes related to the Guarantee, platform functionality, or any other aspect of these Terms, will be resolved through binding arbitration. The arbitration will be conducted in accordance with the rules of the American Arbitration Association ("AAA") and will take place in the state where Fetch Agent’s principal office is located, unless otherwise mutually agreed upon. The arbitration decision shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

Both parties waive their right to a jury trial or to participate in a class action lawsuit. Each party shall bear its own costs and expenses of arbitration, except as otherwise provided by the AAA rules or determined by the arbitrator. In the event of any litigation to compel arbitration, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs from the non-prevailing party.

21.13 Non-Exclusivity
  1. Platform Access: Fetch Agent retains the right to provide services to multiple agents, and the Subscriber does not have exclusive rights to any geographic area or client type.
  2. Competing Agents: The Subscriber acknowledges that other agents, including competitors, may also use Fetch Agent in the same market area.
21.14 Termination and Suspension of Guarantee
  1. Voluntary Termination: If the Subscriber voluntarily cancels their yearly subscription before the conclusion of the Guarantee period, or if the subscription is otherwise voided, the Guarantee shall be rendered void, and no compensation or claim under the Guarantee will be provided. The Subscriber acknowledges that early termination forfeits any right to claim benefits associated with the Guarantee.
  2. Breach of Terms: Fetch Agent reserves the right to suspend or terminate the Guarantee if the Subscriber breaches any of these Terms or engages in conduct that undermines or frustrates the intended use of the platform. This includes, but is not limited to, failing to adhere to the timely response requirements for public contract invitations, providing inaccurate or misleading information, or otherwise engaging in actions that impede or compromise the platform’s functionality or other users' experiences.
  3. Misuse and Misconduct: The Guarantee may also be suspended or voided if the Subscriber uses the platform in a manner inconsistent with professional standards expected of real estate agents. This includes, but is not limited to, neglecting to maintain up-to-date listings, failing to engage in good-faith interactions with potential clients, or any other behavior that negatively impacts the platform’s integrity or reputation.
  4. Non-Compliance with Engagement Criteria: The Guarantee will be considered null and void if the Subscriber does not meet the following engagement requirements:
    • The Subscriber must promptly respond to all contract inquiries received through the platform, whether by accepting, rejecting, or countering the offer.
    • The Subscriber must accept at least 25% of public contract invitations that match their stated criteria.
    • Additionally, if the Subscriber fails to engage in meaningful communication after accepting a contract, the Guarantee will also be voided. In simple terms, once you connect with a potential client through our platform, you must make an effort to initiate and maintain a conversation, giving the client an opportunity to discuss or finalize an agent agreement.
    • These engagement criteria are crucial to ensure the effective and professional use of our platform.
  5. Platform Integrity: Any attempt by the Subscriber to manipulate or game the system, such as artificially inflating engagement metrics or participating in fraudulent or deceptive activities, will also result in the immediate termination of the Guarantee, and Fetch Agent reserves the right to take additional action as necessary, including legal recourse.
  6. Fetch Agent reserves the right to review and determine, in its sole discretion, whether a Subscriber’s actions constitute a violation of these conditions or otherwise compromise the platform’s intended use. In cases where the Guarantee is suspended or terminated, Fetch Agent is under no obligation to reinstate or compensate the Subscriber.

By subscribing to the Agent Plan and participating in the Fetch Agent 10x Guarantee, you acknowledge and agree to these Terms and Conditions. Failure to comply with these Terms may result in forfeiture of the Guarantee and potential suspension from the Fetch Agent platform.

21.15 Modifications to Terms

Fetch Agent reserves the right to modify, amend, or update these Terms and Conditions at any time. Any changes will be effective immediately upon being posted on the Fetch Agent platform or communicated to Subscribers via email or other means. It is the Subscriber’s responsibility to review these Terms periodically for updates. Continued use of the Fetch Agent platform and participation in the Guarantee following any changes constitutes acceptance of the modified Terms. If the Subscriber does not agree to the updated Terms, they must cancel their subscription and discontinue use of the platform.

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