PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS
Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email CustomerService@Homes.org. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to Homes.org at Homes.org Customer Service, 1604 Nueces Street, Austin, Texas, 78701.
Description of the Service. Homes.org provides users with access to a rich collection of resources, including by not limited to, real estate listings, home owner finance tools, home services tools, down-loadable toolbars, application program interfaces (APIs), site profile services, real estate search analytics, blogs, newsletters, user-generated-content, personalized content and industry surveys and opinion polls (the "Service"). You also understand that the your use of the Website or Service may include certain communications from Homes.org , such as service announcements, administrative messages and survey invitations and that these communications are considered part of Homes.org free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that augment or enhance the current Website or Service, including the release of new Homes.org properties, shall be subject to this Agreement. You are responsible for obtaining access to the Website or Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You must provide and are responsible for all equipment necessary to access the Service.
Beta Services. From time to time, Homes.org may add new features to the Website or Service that are described as "beta" ("Beta Features"). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Homes.org does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Website and Service and all provisions of this Agreement relating to the Website or Service will apply to the Beta Features.
Offensive, Provocative, and Defamatory Content. Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited. Please see our Blog Etiquette for further information about appropriate conduct on our site.
Member Disputes. You are solely responsible for your interactions with other Homes.org Registrants and Members. Homes.org reserves the right, but has no obligation, to monitor disputes between you and other Registrants or Members.
Proprietary Rights. Homes.org owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Homes.org, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
No Resale or Redistribution of Service. Except as expressly authorized by Homes.org, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Website or Service or use of the Website or Service, or access to the Website or Service or computer code that powers the Website or Service (hereafter sometimes "Software").
Permissions. It is Homes.org's policy to liberally grant permission to anyone interested in re-publishing our free Homes.org Blog content, on the condition that you give Homes.org written credit and accurately link back to the original Homes.org post. If you are interested in reproducing or using Homes.org's Blog content in any way, or using any other content on the site, including tips and tricks, Resources, any reports generated contained on or generate by the Website or Service, guides, FAQ's, newsletters, publicly available content or PRO content please contact CustomerService@Homes.org. We look forward to hearing from you.
Copyright Abuse. We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are "repeat infringers." Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
- a. The signature of a person authorized to act on behalf of the owner of the infringed copyright;
- b. Identification of the copyrighted work or works claimed to have been infringed;
- c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- d. Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
- e. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
- f. A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Notices must be sent to CustomerService@Homes.org.
Account Access. You may be required to provide your legal full name, a valid email address, and any other information requested in order to complete the registration or subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Homes.org cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Age Requirements. This website's content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at CustomerService@Homes.org immediately. You must be at least eighteen (18) years of age to subscribe as a PRO Member of Homes.org. Membership in the Service is void where prohibited. By using the Website or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Unauthorized Users. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Blocking of IP Addresses. In order to protect the integrity of the Service, Homes.org reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.
Modifications to Service. Homes.org reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) with or without notice. You agree that Homes.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Service.
Reliance on Content, Advice, Etc. Any advice that may be posted on the Website or in connection with the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Homes.org does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or the Service. Under no circumstances will Homes.org or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or Service or transmitted to or by any Members.
DISCLAIMERS OF WARRANTIES. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. Homes.org MAKES NO EXPRESS WARRANTIES. Homes.org EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INTERFERENCE, INFORMATIONAL CONTENT, AND/OR MERCHANTABIITY. Homes.org CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE AND/OR SERVICE. Homes.org DISCLAIMS ANY WARRANITY OF THE ACCURATENESS OF INFORMATIONAL CONTENT. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY WEBSITE CONTENT AND SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY Homes.org OR SUBMITTED TO Homes.org , INCLUDING WITHOUT LIMITATION INFORMATION ON THE WEBSITE, THE DASHBOARD, THE BLOG, THE FAQ'S, THE PRESS SECTION, NEWSLETTERS, ANY APIS, OR ANY OTHER PART OF THE WEBSITE OR SERVICE. USE OF THE WEBSITE OR THE SERVICE MAY RESULT IN TECHNICAL MALFUNCTION, DELAY, MISDELIVERY, OR OTHER PROBLEMS WITH OTHER SYSTEMS, PROGRAMS, OR COMPUTER HARDWARE. Homes.org CANNOT AND DOES NOT GUARANTEE COMPATIBILITY WITH OTHER SYSTEMS AND HARDWARE.
Third-Party Content. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Homes.org may provide links to certain third-party websites. You acknowledge and agree that Homes.org is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because Homes.org has no control over such sites and resources, you acknowledge and agree that Homes.org is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Homes.org is not in any way responsible for any such use by you.
LIMITATION ON LIABILITY. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Homes.org BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIHOMEST, INDIHOMEST, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Homes.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR INABILITY TO ACCESS OR OBTAIN ANY GOODS, DATA, INFORMATION OR SERVICES THROUGH OR FROM THE WEBSITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICE; OR (V) ANY CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO REGISTRANTS OR MEMBERS; OR (VI) ANY INACCURATE OR OUT-OF-DATE CONTENT PRODUCED BY THE TOOLS OR PUBLISHED BLOG, FAQ'S, NEWSLETTERS, WEBSITE OR SERVICE; OR (VII) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, Homes.org 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Homes.org IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
Indemnity by You. You agree to indemnify and hold Homes.org, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the gateway payment partner in connection with your Account, your use of the Website, Service or Software in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Homes.org's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Website or the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Interstate Nature of Communications on Homes.org Network. When you register or subscribe with Homes.org, you acknowledge that in using Homes.org services to send electronic communications (including but not limited to search queries, sending messages to the Homes.org Blog, FAQ's, newsletters, uploading files and photos, running Homes.org tools, and other internet activities), you will be causing communications to be sent through Homes.org's computer networks located in multiple states, and other locations in the United States and other countries. As a result, and also as a result of Homes.org's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. According, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.
U.S. Export Controls. Software from the Website or Service is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Homes.org cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. Homes.org may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Homes.org . If Homes.org terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Homes.org . Homes.org is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Disputes, Arbitration and Forum Selection for Resolution of Disputes. If there is any dispute arising out of the Website and/or the Service, by using the Website or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of laws provisions, and YOU EXPRESSLY AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF THE STATE OF TEXAS, IN TRAVIS COUNTY, for the resolution of any such dispute subject to the following: ANY DISPUTE OR CLAIM ARISING OR RELATED TO THIS AGREEMENT, ITS PERFORMANCE, BREACH, OR INTERPRETATION (INCLUDING ISSUES ABOUT ITS VALIDITY OR ENFORCEABILITY), SHALL BE EXCLUSIVELY (EXCEPT AS PROVIDED BELOW) RESOLVED BY FINAL BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (AAA), UTILIZING ITS COMMERCIAL ARBITRATION RULES. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. THE ARBITRATION SHALL BE HELD IN AUSTIN, TEXAS; both parties hereby give their irrevocable consent to jurisdiction of courts of or in the State of Texas, as well as processes of the AAA in Texas. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
Other. The failure of Homes.org to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Agreement constitutes the entire agreement between you and Homes.org and govern your use of the Website or service, superseding any prior agreements between you and Homes.org (including, but not limited to, any prior versions of the Agreement).
Questions about the Terms of Service should be sent to CustomerService@Homes.org.
For the Listing and Data Agreement, please click here.