Last modified: Dec 6, 2020
Welcome to RateMyAgent.com ("RMA"), a website portal by which visitors ("End Users") to ratemyagent.com, and other related websites, social media web pages and software applications operated by RMA (collectively referred to as the "Site") may provide feedback or commentary on individual real estate agents and real estate brokerages listed on the Site ("Agents").
End Users and Agents may also purchase goods and services which RMA determines to offer through the Site from time to time.
RMA will permit you to use the Site and the Products (as defined in clause 1.1), and purchase Products through the Site, in accordance with the terms and conditions set out below (this “Agreement"). This Agreement forms a binding legal agreement between you and RMA. As a user of the Site, you will at all times be bound to this Agreement in the capacity as an End User. In addition, if you use functionality available to Agents, then you will be bound to this Agreement as both an End User and an Agent.
Without limiting the way in which you may become bound by this Agreement, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement by signing a document agreeing to be bound by this Agreement, by clicking a button on your computer screen or otherwise electronically indicating your acceptance of this Agreement, or by proceeding with the purchase of a Product or any use of the Products.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Subject to the terms and conditions of this Agreement, RMA will provide you with the following goods and services (the "Products"):
the ability to create an Account (as defined in clause 2.1) on the Site and use functionality only available to holders of an Account;
the ability for End Users to search and browse Agents listed on the Site and view information contained on the Site about each Agent (the "Profile(s)");
the ability for End Users to rate Agents and provide comments on their performance, which will appear in the Agent Profile for the Agent;
the ability for Agents to claim their Agent Profile on the Site, and update and manage their Agent Profile; and
the ability to purchase Products through the Site as they are offered from time to time by RMA.
You agree that RMA may modify the Products at any time and discontinue the Products (or part thereof) at any time. RMA may also restrict your use of some or all Products, suspend the delivery of the Products at any time and subsequently reinstate them at its discretion.
No use of the Products is permitted by persons under the age of majority in the jurisdiction of their residence. In no event is use of the Products permitted by persons under the age of 13. If you are using the Products on behalf of an entity, then you are agreeing to the terms of this Agreement on behalf of that entity.
RMA does not act as a real estate agent for you or any other user and does not broker real estate transactions. RMA does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, RMA does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
The Products include links to third-party products, services and web sites, as well as materials provided by third parties. RMA does not endorse, and takes no responsibility for such products, services, web sites, and materials. You acknowledge and agree that RMA has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Products. Your dealings with any third party arising in connection with the Products are solely between you and such third party, and RMA takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with any such third parties.
RMA may require you to create an online account with RMA ("Account") in order to use some or all of the Products. RMA may restrict the usage of the Products (or part thereof) for persons who do not have an Account. RMA may, from time to time, amend or place restrictions on the requirements needed to create an Account.
If you agree to create an Account with RMA then you agree:
if requested by RMA, to use your email address as your username;
that the Account will be created using RMA's online sign up process, or any other method specified by RMA from time to time;
to keep confidential and secure any username or password used to access the Account;
that you warrant that all information provided by you to RMA in the setup of the Account is true and correct in every detail; and
that you will only use the Account for the purposes of using the Products and purchasing Products in accordance with the terms and conditions of this Agreement, and for no other purpose.
When you create or reactivate an Account or claim your Profile through your MLS subscription, you acknowledge you are agreeing to receive communications from RMA until you actively opt-out or unsubscribe, even if you previously unsubscribed from such communications.
You acknowledge and agree that RMA may disable or delete your Account and/or Profile at any time in its sole and absolute discretion, and for any reason whatsoever. If your account is deleted or disabled, then you acknowledge and agree that you will only be able to use the parts of the Site and the same Products as provided by RMA to members of the public who do not have an Account.
You may terminate your use of the Service at any time by disabling or deleting your Account via functionality contained in the Site.
RMA will list Agents on the Site from time to time. Where practicable, it will obtain the identity of each Agent and information about them from the Agent or from publicly available sources.
RMA makes no warranty or representation about the accuracy of information it displays on the Site which it obtains from third parties. Information on the Site about a given Agent or Brokerage is based upon the information obtained by or submitted to RMA. Information on the Site is not an endorsement of any particular Agent or Brokerage and is not a guarantee of an Agent's or Brokerage's quality, competency, or character, nor is it a predictor of the outcome of any matter in which such Agent or Brokerage is involved. Rather, the information is intended to be a starting point to gather information about Agents and Brokerages that may be suitable for your needs, but you should use your own discretion in deciding whether to contact or hire any given Agent or Brokerage.
RMA will determine which Agents it lists on the Site and may modify or remove the Profile of an Agent at any time without liability if, in RMA’s sole discretion, a violation of this Agreement, other RMA terms or policies, or applicable law has occurred. No Agent has any right to be listed on the Site or have an Agent Profile on the Site.
Agents will have the opportunity to claim their Profile upon providing sufficient evidence of their identity to RateMyAgent. You acknowledge that by claiming your own Profile, you expressly grant an irrevocable, perpetual, nonexclusive, royalty-free, sublicensable license to RMA and its affiliates to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content and information posted on your Profile, including without limitation property listing data (including, but not limited to, all images, text, floorplans, movies, or other works associated with a listing, whether sold or unsold) in respect of all properties which you are selling or have sold and you warrant that you are authorized and/or have the necessary rights to grant such a license.
An Agent may manage and update their Profile only if:
they have registered an Account with RMA; and
they have claimed their Profile with RMA using the relevant functionality on the Site, including sufficiently (as determined by RMA in its sole discretion) identifying themselves to RMA as the individual agent described in the relevant Profile.
An Agent may only claim their own Profile and must not claim the Profile of another real estate agent.
Subject to clause 4.2, an Agent must not comment on the Profile of another Agent or in any public forums on the Site about other Agents.
RMA will determine in its sole discretion what functionality it provides to Agents to allow them to manage and update their Profile. Such functionality may include, without limitation, the ability for Agents to:
upload an alternative photo, contact details and real estate brokerage details;
add links to their social media accounts;
add or modify a summary of their background;
verify their sales reports or report their sales results;
deem certain sales results to remain "undisclosed" or "confidential"; and
respond to comments and testimonials from End Users on the Agent's Profile (however noting that only one response will be allowed in relation to each testimonial).
You acknowledge and agree that you will be unable to modify comments and/or testimonials from End Users on your Agent Profile.
RMA will determine in its sole discretion the functionality that it offers End Users on the Site from time to time. This functionality may include, without limitation:
the ability to view Profiles and search or browse for Agents using different search criteria;
the ability to view User Content (as defined in clause 7.1) and other content on the Site;
the ability to provide comments on Profiles;
the ability to comment in any public forums on the Site;
the ability to provide ratings of Agents using any ratings criteria specified by RMA from time to time; and
the ability to view a log or history of interactions with the Site.
If you are both an Agent and an End User, then you agree that you will provide commentary on other Agents only if that commentary is based on your own personal experience in dealing with the other Agents as an End User.
RMA may determine from time to time, to supply Products through the Site for purchase by Agents or End Users.
If Products are supplied through the Site, then RMA may impose additional terms and conditions which apply to the purchase and supply of the relevant Products. Such additional terms and conditions will form part of this Agreement, will be detailed on the Site page relevant to the particular Product and, unless otherwise stated, will override any inconsistent term in this document, to the extent of the inconsistency only.
By ordering and purchasing any Product from the Site, you agree:
to pay the applicable fee for such Product ("Fee"); and
to be bound to a minimum term to use or purchase that Product ("Term") (if any), each of which may be specified by RMA on the order form completed by you as part of the purchase of the Product, on the RMA Site or on other materials supplied to you by RMA from time to time.
Unless otherwise stated and subject to clause 5.3, RMA will provide you with invoices in respect of the Fee on a monthly basis and you agree to pay the Fee by the date indicated on RMA's invoice, or by any other date upon which RMA states that the Fee is due.
RMA may require you to provide it with an authorization to direct debit the Fee from your credit card or nominated bank account. Once authorization is provided the Fee will be automatically debited by RMA. By providing any credit card or bank account information to RMA, you consent to the direct debit of the Fee. You will be liable to RMA for any fees associated with cancelled payments, incorrect payment information, or insufficient funds.
You may terminate any order or agreement for RMA to supply you with Products at any time upon written notice to RMA.
RMA may suspend or terminate any order or agreement for RMA to supply you with Products:
immediately if you are in breach of this Agreement or any order form or invoice related to the applicable Product and, in RMA's sole opinion, the breach is not capable of remedy or is a material breach;
immediately if you are in breach of this Agreement or any order form or invoice related to the applicable Product and you fail to remedy that breach within seven (7) days of receiving written notice from RMA requiring you to remedy the breach; or
without cause, by giving fourteen (14) days’ notice to you.
Upon termination of any order or agreement for RMA to supply you with Products:
where such termination is pursuant to clause 5.7.1 or 5.7.2, you must pay any unpaid amount of the Fee to RMA which would be owing over the remainder of the Term had such termination not occurred and you agree that, if an authorization has been given in accordance with clause 5.6, the Fee may automatically be charged to your credit card or direct debited from your nominated bank account; or
if the order or agreement is terminated under clauses 5.4, 5.7 or 5.8.3, then you must pay the Fee incurred up to the date upon which termination becomes effective only. RMA will refund you any unused portion of the Fee which you have prepaid, and which relates to any period after the effective date of termination.
Termination of your use of a Product will not of itself, unless stated by RMA to the contrary, terminate your use of the Site or the Products. RMA may, however, separately exercise any of its rights under this Agreement, including terminating the Products pursuant to clause 1.3, or terminating your Account pursuant to clause 2.3.
Except as otherwise provided in these Terms and Conditions, all content and information on the Site, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is proprietary to RMA or its licensors. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any content, information, software, or Products obtained from or through the Site. Additionally, you agree not to:
use the Site or its contents for any commercial purpose, other than in your capacity as an Agent;
use the Site or Products for any unlawful purpose;
use another person's name, account, identity or password without permission, or use the Site while impersonating another person;
access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without RMA's express written permission;
violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
take any action that imposes, or may impose, in RMA's discretion, an unreasonable or disproportionately large load on its server infrastructure;
deep-link to any portion of the Site for any purpose apart from where expressly permitted by this Agreement; or
you cannot link directly to your Agent Profile or any other web pages on the Site, directly from Google Adwords or other digital advertising platform, unless otherwise approved by RMA by way of notice in writing to you.
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by RMA in connection with the Site or the Products.
Except for the information submitted by Agents pursuant to Section 3.4, which is licensed to RMA pursuant to the terms thereof, you hereby grant to RMA a nonexclusive perpetual irrevocable sublicensable license to use, display, perform, publish, modify, copy, and create derivatives of any content which you submit to the Site, whether developed or owned by you or a third-party, including, without limitation, photographs, postings on the Site, commentary in forums or on Agent Profiles or any suggestions or ideas, or any other work, item or thing you upload to the Site or provide to RMA ("User Content"), and to make use of all Intellectual Property Rights in the User Content. The term “User Content” shall apply to materials uploaded or posted by Agents or End Users. For the purposes of this Agreement, the term "Intellectual Property Rights" shall refer to all intellectual property rights of any kind whatsoever throughout the world, including all present, future, registered and unregistered rights which subsist in copyright, trademarks, patents, trade secrets, designs and circuit layouts.
You agree that:
the User Content is not confidential;
you are solely responsible for the User Content you post on the Site;
to the extent any User Content you post contains any photographs or images of persons, you have obtained the prior consent of such persons, or the parent/guardian of such persons, if they are under the age of majority;
RMA may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Content on the Site and via any other medium and will determine in its discretion how it presents your User Content;
RMA may remove any User Content that violates applicable law, public policy, or these Terms and Conditions;
RMA may make any modifications to the User Content in its sole and absolute discretion, before presenting that User Content on the Site or otherwise; and
RMA may determine whether or not to attribute the User Content to you or remain silent on any attribution.
You agree that RMA is under no obligation to edit, monitor or control the User Content which is published to the Site by an End User or Agent; however, RMA reserves the right to do so.
You agree that you will not post, upload to, transmit, distribute, store, create or otherwise publish on the Site, any of the following ("Infringing Content"):
User Content that may infringe or misappropriate the Intellectual Property Rights or publicity rights of any person or entity or violates any law or regulation;
User Content that you do not own or are not authorized to provide to RMA;
User Content that impersonates any person or entity or otherwise misrepresents your relationship with RMA or any other person;
User Content that is false, unlawful, misleading, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, abusive, harassing or advocates harassment of another person, threatening, invasive of privacy, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that can reasonably be considered to be offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or which incites such behavior or action from others;
User Content that would constitute, encourage or promote, or provide instructions for the conduct of an illegal act or omission, any criminal activity, or violate the rights of any person or party in any country of the world;
User Content that has been solicited by an incentive or payment originating from the real estate agent or a representative of their brokerage;
unsolicited promotions or SPAM;
User Content which contains the private information of any person;
User Content that is unrelated to the page of the Site in which such User Content is posted; and/or
User Content which contains viruses, malware or any other malicious software or data.
For guidance on how to write commentary that may be less susceptible to removal based on potential legal liability, please refer to the content guidelines.
RMA will have no responsibility or liability for any User Content or Infringing Content posted, stored or uploaded on the Site, or for any loss or damage suffered by you or any other person as a result of the Site storing, holding, or making available, any User Content or Infringing Content to End Users, Agents or other members of the public.
RMA is under no obligation to review any User Content to determine its accuracy, truthfulness, or whether it is defamatory, slanderous or contains falsehoods.
You acknowledge RMA may remove Infringing Content as required by law. You understand that such removal is done on a without prejudice basis, and upon such removal, you release RMA from any action, claim, proceedings, damages or other obligation which you may make, institute or claim against RMA due to the publication of the allegedly Infringing Content on the Site.
You agree to indemnify and keep indemnified, RMA, its affiliates, and licensors, and each of their shareholders, agents, employees and officers against all loss, cost, expense or damage, including reasonable attorney’s fees, which RMA, its affiliates, and each of their shareholders, agents, employees or officers suffer or incur, as a direct or indirect result of:
your breach of this Agreement or violation of any law or rights of a third party;
you posting or uploading any User Content, including without limitation Infringing Content, to the Site; or
any legal proceedings or any claim made against RMA by a third party, which arises directly or indirectly from any User Content, including without limitation Infringing Content, posted or uploaded by you to the Site.
You acknowledge that RMA has made no warranties that the Products will be error free.
You agree that RMA will not be liable or responsible for any failure in, or delay to, the provision of the Products or in RMA complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
a significant demand being placed on RMA's services which is above the usual level of demand and which results in a failure of RMA's software and hardware to function correctly;
the failure of any third party (including without limitation, any bank or other financial organization) to fulfil any obligations to RMA; or
any other circumstances or event similar to the above which is beyond the reasonable control of RMA.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS, SITE, AND ALL INFORMATION AND ALL CONTENT AVAILABLE VIA THEREON ARE PROVIDED 'AS-IS' AND 'AS AVAILABLE', AND THAT NEITHER RMA NOR ANY OF ITS PROVIDERS, LICENSORS, OR AFFILIATES HAS MADE, NOR WILL THEY MAKE ANY EXPRESS OR IMPLIED WARRANTIES IN RELATION TO THE PRODUCTS, SITE, INFORMATION OR CONTENT AVAILABLE THROUGH THE PRODUCTS OR SITE, OR ANY OTHER GOODS OR PRODUCTS PROVIDED BY RMA UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUBJECT TO THE FOLLOWING, ANY TERM THAT WOULD BE IMPLIED INTO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CONDITION OR WARRANTY, IS HEREBY EXCLUDED.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT RMA, ITS AFFILIATES, LICENSORS, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, WILL NOT BE LIABLE IN RESPECT OF ANY CLAIM BY YOU (WHETHER CONTRACTUAL, TORTIOUS, STATUTORY OR OTHERWISE) FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR INJURY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, CONTRACTS, REVENUE OR DATA ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF THE PRODUCTS OR THE PROVISION OF ANY OTHER GOODS OR SERVICES UNDER THIS AGREEMENT AND WHETHER AS A RESULT OF ANY BREACH OR DEFAULT BY SUCH PERSONS, OR ANY NEGLIGENCE OF SUCH PERSONS, EVEN IF SUCH PERSON HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM CUMULATIVE LIABILITY OF RMA FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THIS AGREEMENT OR THE PRODUCTS, WILL NOT EXCEED THE TOTAL AMOUNTS OF PAYMENTS MADE BY YOU TO RMA UNDER THIS AGREEMENT, AND IF YOU HAVE NOT PAID ANY MONIES TO RMA, THEN THE MAXIMUM LIABILITY OF RMA WILL BE TEN DOLLARS ($10.00).
In the event the Products malfunction, RMA may, in its sole discretion:
replace the Products or supply equivalent Products;
repair the Products pay the cost of replacing the Products or of acquiring equivalent Products; or
pay the cost of having the Products repaired.
The Digital Millennium Copyright Act of 1998 (the “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 on the Site infringe your copyright, you or your copyright agent may send a notice to RMA in accordance with our Takedown Procedures . You can view our Takedown Procedures here.
Where you submit a Takedown Request, you agree to follow any procedures which RMA specifies from time to time and you agree to provide RMA with all information which it reasonably requests in considering your Takedown Request, including but not limited to information verifying your identity and the basis upon which you consider the relevant User Content to be infringing.
This Agreement may be amended at any time by RMA providing you with a new copy of the amended Agreement. The amendments will then take effect from the next time you log into the Site and/or use the Site. If you do not agree with the amendments, then you must cease using your Account, the Site, and each Product after you are notified of the amendments.
Any notice given under this Agreement must be in writing. Notice shall be sent to RMA at RateMyAgent, Inc., Attn: Legal Dept., 5937 Darwin Court #101, Carlsbad, CA 92008, or to you at the address, fax number, or email address RMA has on file for you. Unless a later time is specified in a notice, the notice takes effect from the time it is received. A notice is taken to be received:
in the case of a notice delivered by hand, when so delivered;
in the case of a notice sent by pre-paid post, on the third Business Day after the date of posting;
in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the dispatching facsimile machine which confirms that all of the pages comprised in the notice have been successfully sent to the receiving party's facsimile number;
in the case of a notice sent by email, at the time that the email is sent, unless the sender receives a notification that the email was delayed or not received; or
in the case of a notice sent via functionality contained in the Site, at the time the notice was sent,
provided that if such notice is received before 9:00am or after 5:00pm on a day which is not a Saturday, Sunday or public holiday in San Diego County, California ("Business Day"), or on a day which is not a Business Day, then the notice is taken to have been received at 9:00am on the next Business Day.
Neither party is the partner, agent, employee or representative of any other party and neither party has the power to incur any obligations on behalf of any other party.
Except as incorporated or referenced in this Agreement, there are no other representations, promises, warranties, covenants or undertakings between the parties and this Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
You shall not assign or novate any of your rights or obligations under this Agreement. You agree that RMA may assign or novate this Agreement at any time, with or without further notice to you.
The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
This Agreement will be construed in accordance with and will be governed by the laws in force in the State of California, U.S.A. Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by RMA for any violation of RMA's proprietary rights or licenses, shall be settled by arbitration in accordance with the then-current rules of American Arbitration Association under its Commercial Mediation Procedures before entering into arbitration, the parties shall mutually agree on a single arbitrator, who shall not be an officer or employee of the parties to this Agreement. Should the parties not be able to agree on an arbitrator, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. The cost of arbitration, including arbitrator fees, shall be borne equally by the parties. The location of arbitration shall be in the State of California, U.S.A. YOU AND RMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and RMA agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
RMA is owned and operated by Ratemyagent.com Pty Ltd 169 103 299. All references to RMA in this Agreement are intended to apply to Ratemyagent.com Pty Ltd 169 103 299, and shall be binding upon and inure to the benefit of its successors and assigns.