Terms of Use for Mogul Momentum, LLC

LAST UPDATED: April 14, 2025

Please read these Terms of Use (this “Agreement”) carefully. This Agreement is a legal

agreement between you and Mogul Momentum, LLC and its affiliates (as applicable,

based on the Services) (“we,” “us,” or “our”) governing your access and use of any

website or mobile application provided by us from which you are accessing this

Agreement (collectively, the “Services”). “You” and “your” mean both an individual using

the Services and an entity if you are using the Services on behalf of, or for the benefit

of, a third-party entity. The parties to this Agreement shall be known collectively as the

“Parties” and each singularly as a “Party”.

By registering an account, clicking or tapping any button or box marked “accept,”

“agree,” “submit,” or “OK” (or any other similar word), or by using the Services, you

agree to this Agreement and any changes to it.

This Agreement does not apply to any products or services, including any

consulting, educational or ancillary services, offered or provided to you by a

Referral Partner (collectively, the “Other Services”), regardless of whether the

Other Services were initiated by your interaction with the Services (including any

websites where we operate such website’s infrastructure) or directly with a

Mogul Momentum consultant or advisor. Please consult with the applicable

Partner, as applicable, to learn more about any terms and conditions that apply

to their provision of the Other Services to you.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT,

AS DESCRIBED IN SECTION 16 BELOW, REQUIRES USE OF ARBITRATION ON

AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY

TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR

CLASS ARBITRATIONS.

1. Effective Date.

The “Last Updated” legend shows when this Agreement was last

changed. We may change this Agreement by notifying you by any reasonable means,

including posting a revised Agreement through the Services.

Subject to applicable laws, we may, at any time and without liability: (a) modify or

discontinue all or part of the Services; or (b) charge, modify, or waive any fees required

to use the Services.

2. License to Use the Services.

Subject to your compliance with the terms and

conditions of this Agreement, we grant you a limited, revocable, non-exclusive license

to use the Services and we provide the Services for your personal use only, unless we

agree otherwise. The Services, and all its elements, are owned by us or licensed to us

by third parties. We and our third-party licensors retain all right, title, and interest in the

Services, including all patent, copyright, trademark, and trade secret rights therein. The

Services may not work with all hardware or devices. You are responsible for obtaining,

maintaining, and paying for all hardware, telecommunications, and other services

needed for you to use the Services. The Services may include software applications

that may make additional products and services available to you (collectively, the

“Apps”). You may be required to download or use specific software and Apps for

certain components of the Services to function properly.

3. Registration; Usernames and Passwords; Communications.

You may have to register an account with us to use the Services. If you decide to register an account

with us, you may need to provide us with your name, email address, username,

password, and other necessary registration information to create and access your

account. We may reject, or require that you change, any username, password, or other

information that you provide to us in registering your account. Your username and

password are for your personal use only and must be kept confidential. You are

responsible for the security of your account and all actions associated with it. You must

promptly notify us of any confidentiality breach or unauthorized use of your username

or password, or your Services account. You may not sell or otherwise transfer your

account to another individual or entity without our prior written consent.

We may use telephonic or electronic means to communicate with you when you use

the Services, send us emails, when we post a notice on the Services or send you

emails, and to contact you about the Services or other related real estate products

and/or services. You: (a) consent to receive communications, including notifications,

from us in an electronic form; (b) agree that all terms and conditions, agreements,

notices, disclosures, and other communications that we provide to you electronically

satisfy any legal requirement that such communications would satisfy if they were in a

hard copy writing; and (c) authorize us to contact you about the Services or other real

estate products or related services at the telephone number and email address you

provided, even if your number is on a federal, state, or internal Do Not Call list, and to

send marketing calls and texts to you using an automated system for selection or

dialing of numbers or pre-recorded or artificial voice messages that relate to real estate

products or services. With respect to (c) in the immediately preceding sentence, your

consent is not required to purchase products or services and you may unsubscribe at

any time.

4. Information Collected Through the Services.

With respect to any information you provide to us through the Services, you represent, warrant, and covenant that:

● You have and will comply with all laws applicable to any information you provide

or access through the Services, including information that is uploaded or

synchronized with the Apps for which you have given consent to use;

● The information you provide is and will remain accurate and complete, and you

will maintain and update the information as needed; and

● You have all necessary rights and permissions to authorize our processing of

such information under this Agreement.

By using our Services, you agree that we may automatically collect information from

you and your device while using our Services. This information may include any

actions you take on our websites or mobile applications, including links visited, session

details and duration, and what you type into our websites or mobile applications.

Additionally, you agree that we may share the information we collect through the

Services, including Personal Information, with our Affiliated Entities (as defined in

Section 13) and other third parties. You also agree that we may collect, transmit, and

process information collected by the Services consistent with our Privacy Policy, as

updated over time.

5. Your Conduct.

You represent, warrant, and covenant that you will not:

● Use the Services in any way or for any purpose that is unlawful, violates any

federal, state, or local laws or regulations, or for any other purpose that is

fraudulent, or otherwise tortious;

● Post, transmit, or make available any materials through the Services that are or

may be: (a) threatening, harassing, degrading, hateful or intimidating, or

otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous,

fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise

objectionable; or (d) protected by copyright, trademark, trade secret, right of

publicity or privacy or any other proprietary right, without the express prior written

consent of the applicable owner;

● Introduce any virus, worm, Trojan horse, Easter egg, time bomb, spyware or

other computer code, file or program that is potentially harmful or invasive or

intended to damage or hijack the operation of, or to monitor the use of, any

hardware, software, or equipment into or through the Services;

● Link, integrate, or provide access to the Services or related infrastructure without

our prior explicit permission;

● Impersonate someone else in relation to your activities on the Services;

● Transmit any spam, chain letters, or other unsolicited communications through

the Services;

● Harvest or collect information about users of the Services;

● Interfere with the operation or content of the Services, or the servers or networks

used to make the Services available (for example, by hacking or defacing any

portion of the Services), or violate any requirement, procedure or policy of such

servers or networks;

● Inhibit any other person from using the Services;

● Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease,

loan, timeshare, distribute or otherwise exploit any portion of the Services;

● Reverse engineer, decompile or disassemble any portion of the Services;

● Remove or alter any copyright, trademark, or other proprietary rights notice from

the Services;

● Frame or mirror any portion of the Services or incorporate any portion of the

Services into any product or service;

● Systematically download or store Services content;

● Tamper with or circumvent any security technology associated with the Services;

● Use any robot, spider, site search/retrieval application or other manual or

automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather

Services content (including Submissions), or reproduce or circumvent the

navigational structure or presentation of the Services, without our express prior

written consent.

We may monitor your use of the Services to determine your compliance with this

Agreement. We may remove or refuse any data or material included in the Services, in

whole or in part, for any reason. We may disclose information regarding your access to

and use of the Services, and the circumstances surrounding such access and use.

You acknowledge and agree that you are solely responsible for identifying, interpreting,

understanding, and complying with all applicable federal, state, and local laws and

regulations that apply to your use of the Services, including selecting and engaging any

legal counsel you may deem necessary to ensure compliance therewith.

6. Third Party Materials; Links.

Some of the Services’ functionality may be provided

by third parties, including Apps (collectively, the “Third Party Materials”), or allow for the

routing or transmission of such Third Party Materials, including via links. By using such

functionality, you are directing and permitting us to access, route, and transmit to you

the applicable Third Party Materials.

We will only provide information to third parties where you have requested us to do so,

to enhance the Services, or to provide additional functionality, and will only do so in

compliance with our Privacy Policy. We do not endorse, and make no representations

or warranties related to, any aspect of the Third Party Materials. The third-party App

providers may present you with their own terms, conditions, and policies (the “Third

Party Terms”). You are solely responsible for reviewing and complying with any Third

Party Terms you agree to. For your and the Services’ security, or for any other reason

deemed appropriate by us in our sole discretion, we may block or disable access to

any Third Party Materials (in whole or in part) through the Services at any time and for

any reason.

7. Artificial Intelligence.

Some of the Services functionality may incorporate or enable

you to use artificial intelligence (AI) provided by us or third parties. Should you choose

to use such functionality, you expressly acknowledge, understand, and agree that: (a)

the use of AI technologies entails inherent risks and uncertainties; (b) AI systems may

produce inaccurate or unreliable results due to limitations in data quality, algorithmic

biases, or unforeseen circumstances, and as such, you must exercise caution and

critically evaluate the outputs generated by AI systems before making any decisions

based on them or their output; (c) the collection, storage, and processing of data pose

privacy and security risks, and as such, you should be aware of the potential for

unauthorized access, data breaches, or misuse of Personal Information associated

with AI systems provided by third parties; and (d) the complexity and unpredictability of

AI systems may lead to unexpected output, unforeseen consequences, or unintended

side effects, and as such, you should thoroughly review all AI generated output

provided and confirm such output is factually accurate, suitable for its intended use,

and complies with all applicable federal, state, and local laws and regulations (including

any multiple listing service regulations or equivalents) as they pertain to your intended

use.

8. Transactions.

You may have the ability to purchase products, services, or access to

Apps through the Services (each a “Transaction”). To initiate and complete a

Transaction, you may be asked to supply information, such as your credit card number

and its expiration date and your billing address. You represent and warrant that you

have the right to use the credit card you use in connection with a Transaction, and you

grant to us the right to provide such information to third parties for the purposes of

facilitating Transactions. Verification of information may be required prior to the

acknowledgment or completion of any Transaction.

We may: (a) impose conditions on the honoring of any coupon, discount, or similar

promotion; (b) prevent any user from making any Transaction; or (c) refuse to provide

any user with any product, Services or App. Unless otherwise specifically stated, all

Transactions are final, non-cancellable, and non-refundable. You must pay all charges

incurred by you or on your behalf at the prices in effect when such charges are

incurred. Additionally, you are responsible for any taxes applicable to your

Transactions.

9. Feedback.

If you provide to us any ideas, proposals, suggestions, or other materials

through the Services (“Feedback”), such Feedback will be deemed a Submission (as

defined in Section 10), and you hereby acknowledge and agree that such Feedback is

not confidential, and that your provision of such Feedback is gratuitous, unsolicited,

and without restriction, and does not place us under any fiduciary or other obligation.

10. Submissions.

With respect to any posts, blogs, reviews, testimonials, comments,

or similar content you make available to us through the Services (each, a

“Submission”), you grant to us an unlimited, worldwide, royalty-free, fully paid-up,

non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through

multiple tiers) license, without additional consideration to you or any third-party, to

reproduce, distribute, perform and display (publicly or otherwise), create derivative

works of, adapt, modify and otherwise use, analyze and exploit such Submission for

any purpose consistent with our Privacy Policy, to the extent a Submission includes

any Personal Information) , in any format or media.

11. Our Proprietary Rights.

We and our third-party licensors (as applicable) own the

Services, which are protected by United States and international intellectual property

and proprietary rights and laws. Our trade names, trademarks and service marks

include Keller Williams®, KW®, and any associated logos. All trade names,

trademarks, service marks, logos, copyrightable works and other content, information,

or materials on or made available through the Services that are not owned by us are

the property of their respective owners. You may not use our trade names, trademarks,

service marks or logos in connection with any product or service that is not ours, or in

any manner that is likely to cause confusion. Nothing contained in the Services should

be construed as granting any right to use any trade names, trademarks, service marks,

logos, copyrightable works or other content, information, or materials without the

express prior written consent of the owner.

12. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED “AS IS” WITHOUT

WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY

WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR

INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE

FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL MOGUL

MOMENTUM LLC, ITS AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE

DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR

REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”) BE LIABLE

FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL,

CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES IN CONNECTION

WITH THIS AGREEMENT. THE AGGREGATE LIABILITY OF THE AFFILIATED

ENTITIES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT,

TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE

GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12)

MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION

FOR DAMAGES; OR (B) FIFTY DOLLARS ($50.00). YOUR SOLE AND EXCLUSIVE

REMEDY FOR YOUR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY

APPS OR THIRD PARTY MATERIALS) IS TO STOP USING THE SERVICES. ALL

LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND

ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF THE AFFILIATED

ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE

FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED

OR LIMITED UNDER APPLICABLE LAW.

14. Indemnity.

You agree to, and will defend, indemnify and hold harmless the

Affiliated Entities, and their respective successors and assigns, from and against all

claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees

(including attorneys’ fees and expenses) arising out of, relating to, or resulting from: (a)

your use of, or activities arising out of, relating to, resulting from, or in connection with,

this Agreement, the Services (including all Submissions and Third Party Materials) or

the Other Services; or (b) any violation or alleged violation of this Agreement by you.

15. Termination.

This Agreement is effective until terminated. We may terminate or

suspend your use of the Services at any time and without prior notice, for any or no

reason, including if we believe that you have violated or acted inconsistently with this

Agreement. Upon any such termination or suspension, your right to use the Services

will immediately cease, and we may, without liability to you or any third-party,

immediately deactivate or delete your username, password and account, and all

associated materials, without any obligation to provide any further access to such

materials. Subject to the limitations and other provisions of this Agreement: (a) the

representations, warranties, and covenants of the Parties contained herein will survive

the expiration or termination of this Agreement; and (b) any provision that, in order to

give proper effect to its intent, should survive such expiration or termination, will survive

the expiration or termination of this Agreement for the period of time necessary to give

proper effect to the intent of the provision.

16. Governing Law; Dispute Resolution; Class Action Waiver.

This Agreement and your activities under it, are governed solely by and shall be construed solely in

accordance with the laws of the United States and the State of Texas, U.S.A., without

regard to its principles of conflicts of law regardless of your location.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS

AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US,

WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,

MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”),

WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN

COURT BY A JUDGE OR JURY.

In the event of a Dispute, each Party will promptly appoint a knowledgeable,

responsible, and authorized representative to meet and negotiate in good faith to

resolve the Dispute. The location, form, frequency, duration, and conclusion of these

discussions will be left to the discretion of the representatives during the ninety (90)

days following appointment of the representatives for the Parties. Discussions and

correspondence among the representatives are solely for purposes of a prospective

settlement of the Dispute and are exempt from any discovery and/or production in any

future proceedings and will not be admissible therein without the concurrence of the

Parties.

If a Dispute cannot be settled through these discussions, the Parties agree to attempt

to settle the dispute by mediation administered by the American Arbitration Association

under its Commercial Mediation Procedures during the ninety (90) days following

termination of the discussions of the representatives for the Parties. Mediation shall be

in White Plains, NY U.S.A. The Parties will cooperate with one another in selecting a

mediation service and will cooperate with the mediation service, and with one another,

in selecting a neutral mediator and in scheduling the mediation proceedings. The

mediator’s fees and expenses will be shared equally between the Parties.

The Parties further agree that any unresolved Dispute following mediation shall be

settled by arbitration administered by the American Arbitration Association in

accordance with its Commercial Arbitration Rules and judgment on the award rendered

by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall

be heard by a single arbitrator. The place of arbitration shall be Austin, TX U.S.A.

Time is of the essence for any arbitration under this Agreement and all arbitration

hearings shall take place within one hundred fifty (150) days of filing and any final

award rendered within one hundred eighty (180) days of filing, with the arbitrator

agreeing to these limits prior to accepting appointment. In making determinations

regarding the scope of exchange of electronic information, the arbitrator and the

Parties shall be guided by The Sedona Principles, Third Edition: Best Practices,

Recommendations & Principles for Addressing Electronic Document Production.

The arbitrator will have no authority to award punitive or other damages not measured

by the prevailing Party’s actual damages, except as may be required by statute. The

arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all

of their costs and fees (e.g., reasonable pre-award expenses of the arbitration,

including arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses

such as copying and telephone charges, witness fees, and attorneys’ fees). Except as

may be required by applicable law, neither a Party nor an arbitrator may disclose the

existence, content, or results of any arbitration hereunder without the prior written

consent of both Parties. The Parties agree that failure or refusal of a Party to pay its

required share of the deposits for arbitrator compensation or administrative charges

shall constitute a waiver by that Party to present evidence or cross-examine witnesses.

YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT

WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND

CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE

EACH WAIVING THE RIGHT TO TRIAL BY A JURY, AND YOU ARE AGREEING TO

GIVE UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS

ARBITRATION OR CLASS ACTION.

17. Information or Complaints.

If you have a question or concern regarding the

Services, please send an email to Support@MogulMomentum.com. You may also

not necessarily secure. Accordingly, you should not include Personal Information,

payment information, or other sensitive information in your email correspondence with

us. California residents may reach the Complaint Assistance Unit of the Division of

Consumer Services of the California Department of Consumer Affairs by mail at 1625

North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or

(800) 952-5210.

18. Copyright Infringement Claims.

(DMCA) provides recourse for copyright owners who believe that material appearing on

the Internet infringes their rights under U.S. copyright law. If you believe in good faith

that materials available through the Services infringe your copyright, you (or your

agent) may send us a written notice by mail or email, requesting that we remove such

material or disable access to it. If you believe in good faith that someone has wrongly

submitted to us a notice of copyright infringement involving content that you made

available through the Services, you may send us a counter-notice. Notices and

counter-notices must meet the then-current statutory requirements imposed by the

DMCA. See https://www.copyright.gov for details. Notices and counter-notices must be

sent to our Main Office as follows:

Mogul Momentum, LLC

75 S. Broadway, Ste 4993

White Plains, NY 10601

Email: Support@MogulMomentum.com

Telephone: (800) 236-6404

We suggest that you consult your legal advisor before sending a DMCA notice or

counter-notice. It is our policy to terminate, in appropriate circumstances, a user’s right

to use the Services if we decide they are repeat infringers.

19. Export Controls; International Use.

You are responsible for complying with

United States export controls and for any violation of such controls, including any

United States embargoes or other federal rules and regulations restricting exports. You

represent, warrant and covenant that you are not: (a) located in, or a resident or a

national of, any country subject to a U.S. government embargo or other restriction, or

that has been designated by the U.S. government as a “terrorist supporting” country; or

(b) on any of the U.S. government lists of restricted end users. We make no

representation that the Services are appropriate, will be available for use, or will

function as intended in locations outside the United States, and access to the Services

from territories where such Services are illegal is prohibited. If you choose to access

the Services from locations outside the United States, you do so at your own risk and

are solely responsible for compliance with applicable local laws and regulations.

Additionally, if you access or use the Services from outside the United States, your

information may be transferred to, stored, and processed in the United States where

our servers may be located, and you hereby consent to such transfer, storage, and

processing of your information to and in the United States.

The Services are not intended for distribution to, or use by, any person or entity in any

jurisdiction or country where such distribution or use would be contrary to law or

regulation, or that would subject us or our Affiliated Entities to any registration

requirement within such jurisdiction or country.

20. Miscellaneous.

This Agreement does not, and will not be construed to, create any

partnership, joint venture, employer-employee, agency, or franchisor-franchisee

relationship between you and us. You acknowledge and agree that, except as

otherwise expressly provided in this Agreement, there will be no third-party

beneficiaries to this Agreement. If any provision of this Agreement is found to be

unlawful, void or for any reason unenforceable, that provision will be deemed severable

from this Agreement and will not affect the validity and enforceability of any remaining

provision. You may not assign, transfer, or sublicense any of your rights or obligations

under this Agreement without our express prior written consent. We may assign,

transfer or sublicense any or all of our rights or obligations under this Agreement

without restriction. No waiver by either Party of any breach or default under this

Agreement will be deemed to be a waiver of any other breach or default. Any heading,

caption or section title contained herein is for convenience only, and in no way defines

or explains any section or provision. All terms defined in the singular will have the

same meanings when used in the plural, where appropriate and unless otherwise

specified. Any use of the term “including” or variations thereof in this Agreement will be

construed as if followed by the phrase “without limitation.” Any of the term “Personal

Information” in this Agreement will have the meaning given to it in our Privacy Policy.

This Agreement, including any terms and conditions incorporated herein and any

addenda hereto, is the entire agreement between you and us regarding its subject

matter, and supersedes any prior or contemporaneous written or oral agreements or

understandings between you and us relating to such subject matter. Notices to you

(including notices of changes to this Agreement) may be made via posting to the

Services or by email (including in each case via links) to the most recent email address

that you have provided to us, or by regular mail to the most recent mailing address that

you have provided to us. Without limitation, a printed version of this Agreement and of

any notice given in electronic form will be admissible in judicial or administrative

proceedings based upon or relating to this Agreement to the same extent and subject

to the same conditions as other business documents and records originally generated

and maintained in printed form. We will not be responsible for any failure to fulfill any

obligation due to any cause beyond our reasonable control.