Terms of Use

General
The following are terms of a legal agreement between you, the person viewing and/or using this Internet site (“User”) and Homebate® (“Homebate®”) the operator of this Internet site. By accessing, browsing and/or using this Internet site (defined to include all properties (mobile, Web or otherwise) owned and operated by Homebate®) , related data, and/or related services (“Site”), User acknowledges that User has read, understood, and agrees to be bound by these terms and to comply with all applicable laws and regulations, including but not limited to U.S. export and re-export control laws and regulations. If User does not agree to these terms, User is not authorized to use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law and international treaties.

Description of Service.
Homebate® provides users with access to a collection of websites, resources, data, software, and tools (“Service”) while referring users to licensed Partner Agents who may assist users with buying or selling real estate. Users post service requests and invite Agents. Agents post profiles and accept service requests. If a User and Partner Agent agree on terms, a Service Contract is formed directly between such User and Agent subject to the provisions set forth. Partner Agents pay Homebate® in connection with their delivery of services through escrow or the Homebate® platform.

The services that we provide are subject to the following Terms and Conditions of Use (“T&C”), which we may modify by posting revised T&C on our website(s) from time to time without providing notification. Unless stated otherwise, any new features or enhancements to the current Service shall be subject to this agreement in addition to any T&C applicable to particular services. You are responsible for regularly reviewing these T&C and any applicable changes. Continued use of the service after any changes take effect will constitute your acceptance of such changes. You can review the current version of these Terms and Conditions of Use at http://Homebate.com/disclaimers/terms-of-use.

Binding Agreement.
When you visit and use any site within Homebate®’s websites or when you register for a new Homebate® account, you are both agreeing to be bound by these T&C and representing that you are of legal age to form a binding contract. If you do not wish to be bound by this agreement, please refrain from using our services, accessing our websites, or registering for an Homebate® account. By submitting your contact information to Homebate®, you agree that Homebate® or an affiliated network user may contact you.

All information, content, services and software displayed on, transmitted through, or used in connection with Homebate.com or affiliated sites of Homebate®, including websites, stories, reviews, blogs, listings, guides, photographs, illustrations, audio clips, video, html, source and object code is owned by the Homebate® and its affiliates. You may use Homebate® material online only, and only for noncommercial use unless otherwise agreed to in writing.

You may not republish any portion of Homebate® on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content. You may not scrape or otherwise copy our content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Homebate®, not to insert any code or product or manipulate the content of Homebate® in any way that affects the user experience, and not to use any data mining, data gathering or extraction method. You may not use any meta tags or any other hidden text utilizing or incorporating Homebate®’s name or trademarks.

Requests to use content for any purpose other than as permitted in these Terms of Use should be directed to Homebate® by contacting us. In certain cases, you may be able to obtain permission to use individual stories that appear on Homebate® through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the site you may license or you will see a link in the site itself. If you do not see such authorization or link, you should assume no third party has the right to allow you to use material from the site.

Copyright Complaints

Homebate® respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material, please review our Copyright Notice for proper procedures.

User-Provided Information and Content

By providing information to, communicating with, and/or placing material on, Homebate®, including, for example, communication during registration, communication on any Homebate® blog, comment area, messaging system, entering any contest, posting any material, photograph, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Use; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Use; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of Homebate® that allow for unique, fictitious names, e.g., user names in comment areas).

For all such information and material, you grant Homebate®, its affiliates and related entities, a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Homebate® to include the information in a searchable format accessible by users of Homebate® and other affiliated websites, and to use your name and any other information in connection with its use of the material you provide. You also grant Homebate® the right to use any material, information, ideas, concepts, know-how, product concepts, trade secrets or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Transactions and E-Commerce

During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a featured listing, a online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Homebate® cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Homebate® is not responsible for such errors or discrepancies.

Communications with Third Parties Through Homebate®

Your dealings or communications through Homebate® with any party other than Homebate® are solely between you and that third party. For example, certain areas of Homebate® may allow you to contact third party agencies, conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Homebate® be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

During your visit to Homebate® you may link to or view certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, websites, advertisements, features, or contests offered by other parties. Homebate® is not responsible for the actions or policies of such third parties. You should check the applicable terms of use and privacy policies of those third parties when providing information on such a feature or page. Homebate® cannot and does not warranty the accuracy or completeness of information about goods or services for sale provided by third parties and specifically disclaims any implied warranties, including the warranties of merchantability and fitness, with respect to such goods. You acknowledge that reliance upon information about goods or services for purchase provided by third parties shall be at your sole risk. Any and all concerns regarding such goods or services must be addressed directly with the prospective seller prior to the sale.

Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through Homebate®, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via Homebate®. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Homebate® as provided below.

You promise that you will not use the Homebate® Network to:

  • Transmit any Content
    • not related to appropriate subject matters;
    • which is misleading to others, including consumers;
    • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • that you do not have a right to post and transmit under any law or under contractual relationships;
    • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to Homebate®, you grant, and you represent and warrant that you have the right to grant, to Homebate® an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of Homebate®, you grant Homebate® all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Homebate® by any party for any purpose.

Homebate® is committed to maintaining the privacy and security of any and all such information that you provide to Homebate® through the Homebate® Network in accordance with its Privacy Policy. Please click here to review the Homebate® Privacy Policy.

Posting Rules

Interactive areas, discussion boards,Q&A advice, private messaging, blogs, etc., are intended to encourage public debate. We expect people to differ — judgment and opinion are subjective things — and we encourage freedom of speech and a marketplace of ideas. By using these areas of Homebate®, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. We prohibit profanity, libel, spam, racial epithets, and the harassment and abuse of others. Any off-topic comments stand a chance of being removed.

Real Estate Solicitation

If your property is currently listed with a REALTOR, please disregard any notices sent by Homebate®. It is not our intention to solicit the offerings of other Brokers.

Any electronic communication is not an offering nor an offer to sell nor a solicitation of offers to purchase. It is provided solely for informational purposes and is not intended to constitute an advertisement in any jurisdiction. All information contained within this website are subject to change, and no representations are made as to the accuracy of such information.

Real Estate Data

All real estate data provided on this Site is strictly for the personal, private, non-commercial use of User and is not made available for redistribution, retransmission, reformatting, modification or copying. User may not sell or use any of the real estate data on this Site for any purpose other than attempting to evaluate houses or properties for sale or purchase by User. User acknowledges that the real estate data on this Site is provided by 3rd party providers or vendors (“Vendors”), and User acknowledges the validity of the Vendors copyright as to such data. User expressly acknowledges and agrees that the Vendors are a third-party beneficiary of these Terms of Use, and that the Vendors will be entitled to enforce these Terms of Use against User.

To the fullest extent permitted by law, the data on this Site is provided “as is,” without warranty or representation of any kind, either express or implied, as to the nature, quality, characteristics or value of any property or information to which the data pertains. NEITHER PROVIDER NOR VENDORS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DATA DISPLAYED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE TIMELINESS, ACCURACY AND/OR COMPLETENESS OF THE DATA.
NEITHER PROVIDER NOR VENDORS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOST PROFITS, LOSS OF CUSTOMERS OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE DATA DISPLAYED ON THIS SITE, WHETHER THE CLAIM OR CAUSE OF ACTION ARISES IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.

User agrees that the prevailing party or parties in any action brought to enforce or for breach of these Terms of Use shall be entitled to recover, in addition to any other relief, that party’s or those parties’ reasonable attorney’s fees and court costs incurred in such action from the non-prevailing party or parties.

Public Record Information displayed on this Site is deemed reliable but not guaranteed.

Mortgage-Related Disclosure

This disclosure statement pertains to the conduct of Homebate®, including services Homebate® provides, in connection with the mortgage loan industry and websites and mobile applications operated by Homebate®.

Homebate® does not confirm, and does not make or give any guarantee regarding,

  • (i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor(ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor(iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional.

Homebate® does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

Homebate® is not a lender, mortgage broker, loan originator, loan processor or underwriter. Homebate® does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.

Homebate® does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.

Homebate® does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.

Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by Homebate®) is not, and will not be responded to by Homebate® as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.

Homebate® does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.

Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

Homebate® is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.

Homebate® sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of websites or mobile apps Homebate® operates.

Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Homebate® but are made by lenders, brokers or other loan professionals which might include participating advertisers of Homebate®.

Homebate® does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from Homebate®.

The foregoing disclosures reflect Homebate®’s good faith conclusions regarding the subject matter of such disclosures, and Homebate® takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than Homebate®, nor any actual or alleged inaccuracy of or other fault with any such disclosures.

Webscraping of Listing & Property Data Is Not Allowed

Crawling the Homebate.com and affiliated network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Homebate®. Please click here to review the Homebate® Mortgage Related Disclosure.

Links

Links provided on this Site are put there for the user’s convenience. Links may be directed to third-party content, meaning that Homebate® has no control over what is actually posted at the destination sites. Homebate® does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that Homebate® can review the content and make changes to links where necessary.

Registering an Account on Homebate.com

By registering for an account on Homebate®, you are agreeing to the following terms and conditions as well as the MLS Terms of Use.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You certify that you will not upload or post inappropriate content such as profanity, obscenity, libelous content, etc.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). The most common public uses for content today are in the user forums and paired with a public review left by you for a particular agent.

Real Estate Services

Homebate® is a licensed real estate brokerage company operating via phone, email or web form. Site users may make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making such requests, the Site user authorizes Homebate® to share the user’s personal information including their home search history, favorites and saved searches to a real estate professional in order to satisfy the user’s request. When Site users make such requests to Homebate® they are extending an express invitation for Homebate®, or another appropriate entity or person, to contact the User.

You understand and agree that if you use the services provided by Homebate® to locate and hire a real estate agent to list or purchase property on your behalf, Homebate® may be compensated by that agent for the referral service if the referral results in a closed transaction.

You agree that your use of the Site does not constitute or create a fiduciary or brokerage relationship with Homebate® involving the purchase and sale of any property or a specific property.

You understand that all the data on properties available for sale or rent is maintained by various real estate brokers, real estate agent boards, MLSs and associations in the communities where you are searching or where your property is located. These local boards of real estate are independent of Homebate® and are solely responsible for the accuracy of the information on properties entered into their own MLS data. Homebate® does not alter or add to this information on the properties in any way.

Commission Rebates

Although Partner Agents and Users of our platform agree to the terms and conditions set-forth, Homebate® cannot require Partner Agent activity past granting access to our website systems. All agreements for commission rebates must be confirmed in a separate written agreement between Partner Agents and Buyers or Sellers. The following is a guideline for providing a Homebate® commission rebate according to the agreed upon terms.

Buyer Commission Rebates

Partner Agents that choose to use the Homebate® platform to advertise their ability to make an offer for a Buyer, will rebate the commission received up to 3% of the sales price under the following circumstances: (1)The Partner Agent actually received a commission in relation to the Buyer’s contract,  (2) The Buyer is in compliance with this agreement and all Homebate® policies, (3) The Buyer’s lender approves, (4) The rebate appears on the HUD statement (and applicable forms), (5) The rebate is in compliance with all state statutes, (6) The commission the Partner Agent earned is greater than $5,000,  (7) The Partner Agent and Buyer paid all fees required by Homebate®.

The rebate shall never exceed the amount of commission received by the Partner Agent. The Partner Agent is not required to rebate any portion of the commission that exceeds 3% of the sales price. The Partner Agent is not required to make any payments to a Buyer other than a commission rebate that meets the aforementioned requirements. Any commission credit not approved by the lender shall be credited back to the Partner Agent or Homebate®.

Seller Commission Rebates

Partner Agents that choose to use the Homebate® platform to advertise their ability to list a property for a Seller, agree to sell the home for 1% of the sales price under the following circumstances: (1) The Partner Agent receives a minimum commission in relation to the Seller’s contract of $2,500, (2) The Partner Agent and Seller paid all fees required by Homebate®, (3) The Seller is in compliance with this agreement and all Homebate® policies.

Disbursements to Homebate®

Partner Agents will disperse funds to Homebate® through escrow once the transaction has closed. Partner Agents shall inform escrow of the referral fee due to Homebate® and shall authorize Homebate® to receive a copy of the HUD settlement statement for any transactions in which Partner Agent is representing a user of the Homebate® platform.

Non-payment

If Partner Agent fails to pay amounts due under this Agreement, whether by not instructing escrow to disburse funds, initiating an improper chargeback, or any other means, Partner Agent’s Homebate® account will be suspended, no additional users will be provided, and any work-in-progress will be revoked. In its discretion, Homebate® may setoff amounts due against other amounts received from or held for Partner Agent, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

Eligibility

The Homebate® Platform is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. User agrees that User is not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, or other economic sanction rules of any sovereign nation.

Equal Housing Opportunity

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Other Specifics About Interactive Areas

Homebate® comment areas, blogs, private messaging, and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of Homebate® and the volume of messages and postings, Homebate® cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums.

We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the blogs, comment areas, or private messages you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. Divulging real names, phone numbers, addresses, occupations, or other information that can be used to identify or locate other site users is strictly prohibited.

Homebate® reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

General Disclaimer and Limitation of Liability

While Homebate® uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. Homebate® does not represent or warrant that use of any content will not infringe rights of third parties. Homebate® has no responsibility for actions of third parties or for content provided or posted by others. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” Homebate® AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR Homebate®’S SERVICES IS AT YOUR OWN RISK. Homebate® AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR Homebate®’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Homebate® AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnity

By using this Site the User agrees to indemnify Homebate® and its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the users use of the Site. Users may not use this Site for illegal, harassing, unethical, or disruptive purposes.

Any claim or controversy arising out of or relating to the use of this Site, to the goods or services provided by Homebate®, or to any acts or omissions for which you may contend Homebate® is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in San Diego, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Homebate®. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Diego, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Homebate® WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Homebate®’s goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Homebate®, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Diego, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees

Definitions

“Partner Agent” – A licensed real estate agent or brokerage who has been approved as a referral partner within the Homebate® system.

“Agency” means a legally recognized entity with the ability to hire and/or contract.

“Claim” means any controversy, dispute or claim arising out of or relating to this Agreement, including but not limited to a Service Contract.

“User” means any User utilizing the Homebate® Platform to request Services to be performed by a Partner Agent.

“Seller” means any Customer attempting to sell a property.

“Buyer” means any Customer attempting to buy a property.

“Agent” means any company or individual User utilizing the Homebate® Platform to offer Services to Users.

“Homebate Platform” means the online platform operated by Homebate®, including related software and services, that allows User and Partner Agents to identify each other and enable them to buy and sell Services online.

“Services” means showing property, negotiating, attending, consulting, or any other human services.

“The Site” means our website located at https://www.Homebate.com.


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