FeeCentral believes that its services and platform comply with the Rule changes agreed to by the National Association of Realtors® (NAR) in the Burnett litigation (Case No. 19-cv-00332 in the Western District of Missouri). However, FeeCentral makes no representations or warranties with respect to this, and anyone subject to the NAR Rule changes should consult with their own legal counsel to make an independent determination with respect to this.
1. Acceptance of Terms
This is a legally binding agreement. By registering for and using the FeeCentral application (the “App”), you agree to be bound by these Terms of Use (the “Terms”). If you do not agree to these Terms, you may not use the App.
2. Overview of the Service
FeeCentral provides a platform for brokers to notify other brokers of any compensation their sellers are offering on individual listings. The information provided on Fee Central’s platform is provided by the listing broker, not FeeCentral. FeeCentral is not a brokerage and does not pay compensations. Compensation to broker(s) is negotiable and not set by state law. Users are advised to secure a written and signed agreement with the seller or the seller’s broker that clearly states the amount of compensation before making any offers.
3. User Eligibility and Registration
- You must be at least 18 years of age and have the legal capacity to enter into these Terms.
- You must provide accurate and complete information during registration. Any false information provided may result in suspension or termination of your account.
- If you are using the App on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.
4. License to Use the App
FeeCentral grants you a limited, non-exclusive, non-transferable, revocable license to use the App solely for the purposes outlined in these Terms. This license does not include any rights to modify, distribute, or create derivative works based on the App.
5. Account Security
- You are responsible for maintaining the confidentiality of your account information, including your password. You must notify FeeCentral immediately of any unauthorized use of your account.
- You may not share your login credentials with others or allow others to access the App using your account.
6. App Usage and Prohibited Activities
- You may only use the App for lawful purposes in accordance with these Terms.
- Prohibited activities include, but are not limited to:some text
- Providing false or misleading information.
- Attempting to gain unauthorized access to the App or other users’ accounts.
- Engaging in fraudulent or deceptive practices.
- Violating any applicable laws or regulations.
7. Fees and Payments
- While the App may be provided free of charge, certain services within the App may incur fees, which will be clearly communicated to you.
- You are responsible for any fees charged by your financial institution or service provider in connection with the use of the App.
8. Termination
- FeeCentral may terminate or suspend your access to the App at any time, with or without cause, and without prior notice.
- You may terminate your account at any time by following the procedures outlined within the App. Upon termination, your right to use the App will immediately cease.
9. Intellectual Property
- “FeeCentral” and all related logos, products, and services are trademarks or registered trademarks of FeeCentral LLC. You may not use these trademarks without prior written consent from FeeCentral.
- All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the exclusive property of FeeCentral or its licensors.
10. Privacy and Confidentiality
- Your privacy is important to us. Please review the FeeCentral Privacy Policy to understand how we collect, use, and protect your information.
- You must maintain the confidentiality of any information you receive about other users through the App and may only use this information in connection with the App’s services.
11. Limitation of Liability
- The App and all services provided through the App are provided “as is” without warranties of any kind, either express or implied.
- FeeCentral shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, arising from your use of the App.
12. Indemnification
You agree to indemnify and hold harmless FeeCentral, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of your use of the App or any breach of these Terms.
13. Governing Law and Dispute Resolution
- These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.
- Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in Fulton County, Georgia, in accordance with the rules of the American Arbitration Association.
14. Changes to Terms of Use
FeeCentral may update these Terms from time to time. Any changes will be posted on the App, and your continued use of the App after such changes constitutes your acceptance of the new Terms.
15. Contact Information
If you have any questions about these Terms or the App, please contact us at help@feecentral.com.
