PropCents, Inc., doing business as HŌM (“HŌM,” “we,” “us,” or “our”), provides technology-enabled services and products, including without limitation the Platform (as defined herein), to which you, as an individual Agent, a team of Agents or a brokerage enterprise of Agents (“you,” or “your”) have access (the “Services”). Your use of the Services is subject to and governed by the terms and conditions in this Agent Terms of Service (this “TOS”). HŌM may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by HŌM. Additionally, any revision or addition to the Services may also be subject to additional terms outlined with respect thereto as applicable, and you shall be subject to the terms and conditions of any agreement between HŌM and any entity (a “Customer”) that may have purchased a license for you to access and use certain portions of the Services and on whose behalf you access such portions of the Services (“Additional Terms”).
In addition to this TOS and the Additional Terms, the Privacy Policy at https://www.homagent.com/privacy-policy (the “Privacy Policy”) applies to how HŌM collects, uses and processes information collected and received as a part of the Services. By accessing or using the Services, you agree to, and acknowledge that you have reviewed and understand the Privacy Policy and that HŌM may collect and receive certain information about you, including personal data, as set forth in the Privacy Policy, and HŌM may use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.
PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ARE AGREEING ON BEHALF OF YOURSELF AND ANY APPLICABLE CUSTOMER TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND CUSTOMER HERETO, AS APPLICABLE.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS and the Additional Terms; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. This TOS is enforceable against any person or entity that uses the Services on behalf of a Customer.
(a) “Agent” means a user of the Services who either (i) has registered as a real estate agent on the Services and who has purchased on such user’s own behalf, a subscription for access to the Services, or (ii) is an employee or contractor of a Customer authorized by such Customer to access and use the Services on Customer’s behalf and pursuant to unique Credentials which are associated which such Customer’s account on the Services.
(b) “Agent Facilities” means Credentials and any account, database, hardware, system or other facility within your custody or control.
(c) “Aggregated Data” means your Data that has been aggregated in a manner that does not reveal any personally identifiable information and cannot reasonably be used to identify you as the source of such data.
(d) “Analytics Reports” means analytical and financial reports, models and insights generated by the Services with respect to your Data and otherwise.
(e) “Analyzer Templates” means HŌM’s proprietary algorithms, models, and other data analytics and financial templates and tools which are provided by HŌM via the Services.
(f) “Credentials” means any accounts, passwords and other authentication credentials associated with your use of the Services.
(g) “Intellectual Property” means all rights associated with patents and inventions; copyrights, mask works and other works of authorship (including moral rights); trademarks, service marks, trade dress, trade names, logos and other source identifiers; trade secrets; software, databases and data; and all other intellectual property and industrial designs.
(h) “Malicious Code” means without limitation code, files, scripts, agents, or programs intended to do harm, including without limitation viruses, worms, time bombs and trojan horses.
(i) “Platform” means a proprietary online platform hosted by HŌM which is branded as “HŌM” and which is provided at https://www.homagent.com/ or otherwise by HŌM, including software, code, algorithms, Analyzer Templates, hosted services and web interfaces, and any Mobile Apps, including all versions and upgrades thereto.
(j) “Subscription Period” means the duration of the license applicable to your use of the Services (including, as applicable, plans purchased by a Customer on whose behalf you are accessing the Services) commencing on the start date and ending on the end date of the applicable annual or monthly plan as purchased.
(k) “Third Party Offerings” means services delivered or performed by third parties independently of the Services, or other online, web-based Customer Relationship Management (CRM), Transaction Management Service (TMS), or other business application subscription services, and any associated offline products provided by third parties, that interoperate with the Services.
(l) “Subscription Services”. Each applicable completed order form shall specify and further describe the Subscription Services to be provided in accordance with the representations and warranties set forth herein, and shall identify, each applicable Platform, user limitations, fees, subscription term and other applicable terms and conditions as outlined in the Terms of Services associated with each order.
(m) “MLS Associated Documents” means any important documents regarding a specific listing including, but not limited to, inspection reports, property disclosures, building permits, or appraisals.
(a) Grant: Subject to and conditioned on your compliance with this TOS, HŌM hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right during the applicable Subscription Period, to access and use the Services, and to download Analytics Reports or MLS Associated Documents, as applicable and as made available to you on the Services, solely (i) for your own internal business purposes as contemplated by this TOS and not for outsourcing, (ii) to provide limited amounts of information obtained from Analytics Reports or MLS Associated Documents to current and prospective clients, (iii) communicate with current and prospective clients subject to the terms and conditions of this TOS and any Additional Terms, and (iv) to test and evaluate the Services in order to provide Feedback to HŌM (the “Internal Purposes”). You hereby agree that HŌM may collect or generate Aggregated Data. in connection with providing you with access to the Services. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by HŌM. You acknowledge and agree that HŌM may improve, modify, add, or remove functions or features to or from the Services from time to time, with or without providing you with notice. You shall be solely responsible for obtaining, configuring and maintaining any hardware, network connectivity and third-party software required to access the Services, including computers, operating systems, web browsers and storage devices.
(b) Customer End User: If you are using and accessing the Services on behalf of a Customer, you agree that (i) you are an end user of a Customer who is authorized by such Customer to access and use the Services on such Customer’s behalf and pursuant to a valid and current license and unique Credentials which are associated with Customer’s account on the Services, (ii) your account and all content and Data therein may be access, used, removed, retained and controlled by such Customer, (iii) your use of the Services is, in addition to this TOS, governed by the Additional Terms, and (iv) HŌM may provide your personal information to such Customer. HŌM shall not be responsible for any violation by you of such agreements or obligations. Customer End User subscriptions are for designated authorized users and cannot be shared or used by more than one authorized user but may be reassigned to new authorized users replacing former authorized users who no longer require ongoing use of the applicable Platform.
(c) Agent Facilities: You shall be solely responsible for protecting the confidentiality of Credentials and all activities undertaken using Agent Facilities. In the event that you become aware of any unauthorized access to or use of the Services through use of your Agent Facilities, you shall promptly give written notice to HŌM of such breach and make reasonable efforts to eliminate it. You shall at all times implement appropriate security policies and procedures and access control methodologies to safeguard access to and use of the Services through Agent Facilities. All such measures shall comply with prevailing industry standards but in no case consist of less than reasonable care.
(d) Third Party Offerings: HŌM may make Third Party Offerings available for your use in connection with the Services. You acknowledge and agree that your use of any Third Party Offerings may be subject to a separate agreement with such third party provider, which will govern your use of such Third Party Offerings. HŌM makes no warranties of any kind and assumes no liability whatsoever for your use of (or inability to use) Third Party Offerings, which are made available by HŌM “AS IS,” “AS AVAILABLE” and “WITH ALL FAULTS.”
(e) Analytics Reports and MLS Associated Documents: Subject to your compliance with the terms and conditions of this TOS, HŌM hereby grants you a perpetual, non-exclusive, non-transferable, non-sublicensable, royalty-free right to use, display and create derivative works of the Analytics Reports and the Analyzer Templates (solely to the extent incorporated into the Analytics Reports) solely for the Internal Purposes. MLS Associated Documents may only be used by Agents and their customers in support of buying or selling of the subject property related to the associated documents from the MLS.
(f) Mobile Apps: HŌM may make available mobile software applications for access to and use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOS. If any Mobile App is downloaded by you from the iTunes App Store, Windows Phone Store, Amazon Appstore, Google Play or any similar service (an “App Store”), your use of such Mobile App is further subject to your compliance in all material respects with the terms and conditions of the applicable usage rules set forth by such App Store. This TOS is between you and HŌM only, and not with the proprietor of any App Store (a “Third Party Proprietor”), and no Third Party Proprietor is responsible for Mobile Apps and the contents thereof; however, any Third Party Proprietor and its subsidiaries are third-party beneficiaries of this TOS with respect to Mobile Apps.
(g) Social Media: As part of the functionality of the Services, you may link your account with online accounts you have with third party service providers (each such account, a “Third-Party Account”) by either (i) providing your Third-Party Account login information through the Services; or (ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to usage limitations imposed by the third-party service provider of the Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
(h) Trademarks: You may not use the HŌM names, brands, trademarks, service marks or logos that HŌM makes available on the Services (“Marks”). HŌM claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with HŌM. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to HŌM’s benefit.
(i) Suspension of Access to Services: HŌM may (but is not obligated to) monitor the use of the Services and reserves the right to suspend your account(s) or remove or disable any of your content or Data which HŌM in good faith believes violates this TOS or any applicable law or regulation.
(j) Training and Education. Customer shall use commercially reasonable efforts to cause Customer Users to be, at all times, educated and trained in the proper use and operation each Platform such Customer Users utilize, and to ensure that each Platform is used in accordance with applicable manuals, instructions, specifications and documentation provided by HŌM from time to time.
(k) Customer Systems. Customer shall be responsible for obtaining and maintaining—both the functionality and security of—any equipment and ancillary services needed to connect to, access or otherwise use each Platform, including mobile devices, laptops, desktops, modems, hardware, servers, software, operating systems, networking, web servers and the like.
(a) Fees: You shall pay all agreed upon fees for all products or features ordered through the Services as set forth in the order confirmation page (“Fees”) in accordance with the terms set forth herein and any additional terms set forth on the Services.
(b) Payment Terms and Third-Party Providers: All payments will be made in United States dollars and are non-refundable except for refunds issued under HŌM’s Refund Policy. You hereby (i) acknowledge and agree that HŌM uses or may use a third party payment provider in connection with its collection of Fees, (ii) acknowledge and agree that HŌM will not be responsible for any payments or charges as a result of your failure to provide up-to-date and accurate information to any such third party payment provider, and (iii) acknowledge and authorize HŌM and its third-party payment processors to charge all Fees to your chosen payment method.
(c) Late Payments: If you fail to pay any past due invoice, HŌM may revoke or suspend the Services until such time as you bring your account completely current. HŌM may charge interest on all past due invoices at a rate of 1.5% per month or the highest rate allowed by applicable law, whichever is lower.
(d) Taxes: All Fees exclude any and all taxes and similar fees now in force, enacted or imposed in the future on the transaction, delivery of the Services, including any sales, use or value added taxes, goods and services tax, consumption tax, customs duties or similar charges, but excluding withholding taxes and taxes solely based on HŌM’s net income, and you shall be responsible for payment of all such taxes, duties and charges, and any related penalties and interest arising from the payment of such amounts.
(a) Responsibility for Data: All information, data, and other materials accessible through the Services (“Data”) are the sole responsibility of the party from wHŌM such materials originated. You acknowledge and agree that: (i) the Services may provide access to or rely on Data from third parties (including without limitation, via Third Party Offerings), and such third parties, and not HŌM, are entirely responsible for such Data; (ii) you, and not HŌM, are entirely responsible for all Data (if any) that you submit, upload, email, transmit or otherwise make available through the Services or to HŌM, including without limitation, any prospective client information (collectively “Agent Data”); and (iii) you are solely responsible for giving all required notices and obtaining all necessary consents (including all required permissions from Intellectual Property holders) before submitting Data (if any) through or to the Services or HŌM. You hereby grant HŌM and its service providers a royalty-free, non-exclusive license to use, process, store, transmit and reproduce your Data (including Aggregated Data) as necessary for HŌM to provide you access to the Services.
(b) HŌM Ownership: You acknowledge and agree that, as between you and HŌM, HŌM owns all right, title and interest (including all Intellectual Property) in and to the Services and Aggregated Data.
(c) Analyzer Templates: In connection with your use of the Services, you may generate Analytics Reports on behalf of yourself or the applicable Customer as provided by the Services. Except as may be specifically set forth in any Additional Terms, HŌM owns all right, title and interest (including all Intellectual Property) in and to the Analyzer Templates and the Analytics Reports. Without limiting the foregoing, HŌM will retain exclusive ownership of (i) all HŌM know-how, concepts, techniques, methodologies, ideas, templates, software, interfaces, utilities and tools, (ii) all proprietary organization and structures for categorizing, sorting and displaying materials, information and other data (including Agent Data) on the Services (including with respect to Analyzer Templates and Analytics Reports), (iii) all updates, modifications, improvements, enhancements and derivative works of the Analyzer Templates and the Analytics Reports conceived, discovered, developed or reduced to practice, solely or in collaboration with others, during the course of providing the Services hereunder, and (iv) in each case, all related Intellectual Property rights.
(d) Feedback: If you elect to provide or make available to HŌM any suggestions, comments, opinions, code, input, ideas, reports, information, know-how or other feedback (whether in oral, electronic or written form) related to the Services (“Feedback”), you hereby assign, at no charge, all rights, title and interests in Feedback to HŌM, and agrees that HŌM is free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in the Feedback in any form and any medium (whether now known or later developed), without credit or compensation. You warrant that the Feedback does not infringe any copyright or trade secret of any third party, and that you have no knowledge of any patent of any third party that may be infringed by the Feedback (including any implementation thereof recommended by you). You further warrant that its Feedback is not subject to any license terms that would purport to require HŌM to comply with any additional obligations with respect to any Services that incorporates your Feedback.
(e) Reservation of Rights: HŌM reserves all rights not expressly granted under this TOS.
(a) In your use of the Services, you will comply with this TOS, any Additional Terms, and usage guidelines and will not:
(i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS and any Additional Terms;
(ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services;
(iii) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;
(iv) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device;
(v) share your account or password with anyone;
(vi) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
(vii) trick, defraud, or mislead us and other users, especially in an attempt to learn sensitive account information such as user passwords;
(viii) delete the copyright or other proprietary rights notice from any content;
(ix) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
(x) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services;
(xi) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
(xii) remove or obscure any proprietary notice that appears within the Services;
(xiii) impersonate any person or entity, including HŌM personnel, or falsely state or otherwise misrepresent your affiliation with HŌM, or any other entity or person;
(xiv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
(xv) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;
(xvi) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services;
(xvii) rent, lease, lend, sell or sublicense the Services, or otherwise provide rights to the Services to anyone or as part of a service bureau or similar fee-for-service purpose;
(xviii) use the Services to transmit Malicious Code;
(xix) use the Services as a substitute for any data license to which you are or reasonably should be a party;
(xx) use the Services in any way that is intended to contribute or constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. or in any other manner that is intended to contribute to or be construed as a consumer report by any governmental authority; or
(xxi) access or use the Services in any manner that does not comply with all applicable laws and regulations. FURTHERMORE, YOU SHALL NOT USE THE SERVICES TO UNDERMINE THE RESERVATION OF AFFORDABLE HOUSING IN THE UNITED STATES.
(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
(iii) infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
(iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
(v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
(vi) contains infringing, libelous, or otherwise unlawful or tortious material; or
(vii) consists of information that you know or have reason to know is false or inaccurate.
(c) You further represent and warrant that you will at all time maintain a valid real estate agent license in all necessary jurisdictions and will comply at all times with applicable laws, regulations and the highest industry standards with respect to your actions as an Agent and your communications with other users of the Services, including without limitation, current and prospective clients.
(d) HŌM’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by HŌM, and does not create a private right of action for any other party.
The Services may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third-Party Services”). You acknowledge that different terms of use and privacy policies may apply to your use of such Third-Party Services and that such terms and policies are solely between you and the advertiser or other third party. You agree that HŌM does not endorse and is not responsible or liable for any issues related to Third Party Services.
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HŌM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR COMPLETENESS OF THE PRODUCTS AND SERVICES PROVIDED UNDER THIS TOS, OR THAT USE OF SUCH PRODUCTS AND SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS.
(b) No Advice or Endorsement. You hereby acknowledge, understand and agree that: (i) Analytics Reports and any other content or information provided on the Services (“Services Materials”) are for informational purposes only; (ii) Services Materials are not intended to be, and you should not construe Services Materials as, legal, tax, investment, financial or other advice; (iii) nothing contained on the Services constitutes a solicitation, recommendation, endorsement or offer by HŌM or any third party service provider to buy or sell any real estate, securities or other financial instruments in any jurisdiction; nothing on the Services constitutes professional and/or financial advice, nor does any content or material provided on the Services constitute a comprehensive or complete statement of the matters discussed or the law or regulations relating thereto; (iv) HŌM is not a fiduciary by virtue of your use of or access to the Services; (v) you alone assume the sole responsibility of evaluating the merits and risks associated with the use of or reference to the Services before making any decisions based on anything accessible on or through the Services; (vi) HŌM shall not be held responsible or liable for any possible claim for damages arising from any decision you make based on information made available to you.
(c) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS TOS (UNLESS SUCH LAW PROVIDES OTHERWISE).
IN NO EVENT SHALL HŌM BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES PROVIDED UNDER THIS TOS, SUCH AS ANY MALFUNCTION, DEFECT OR FAILURE OF THE SERVICES OR ITS DELIVERY VIA THE INTERNET, EVEN IF HŌM HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. FURTHERMORE, IN NO EVENT SHALL HŌM’S AGGREGATE LIABILITY UNDER THIS TOS EXCEED THE AMOUNT OF FEES RECEIVED BY HŌM FROM YOU UNDER THIS TOS IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENTS GIVING RISE TO LIABILITY AROSE.
(a) If you violate this TOS, HŌM may, with or without notice, immediately suspend or terminate your access and use of the Services.
(b) HŌM reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and HŌM shall not be liable to you or any third party for any such modification or discontinuance.
(c) Either you, an applicable Customer, or HŌM may terminate this TOS at any time. Any termination will not terminate any underlying Customer agreement entered into between a Customer and HŌM. Any termination of this TOS prior to the end of the current Subscription Period will take effect at the end of the current Subscription Period. If you do cancel prior to the end of your current Subscription Period, you will continue to have access to the relevant portions of the Services through the end of such Subscription Period. You must cancel prior to 11:59 p.m. UTC on the day before your next recurring Subscription Period billing date in order to avoid being charged for the next Subscription Period. If you do not timely cancel, your Subscription Period will be renewed at the price in effect at the time of renewal or the price provided in the terms of your trial or promotion, without any additional action by you, and you authorize us to charge your payment method for such amounts. To cancel and terminate this TOS, you may navigate to your account and follow the instructions provided therein or reach out to HŌM at support@homagent.com.
(d) Upon termination of this TOS for any reason: (i) HŌM, in its sole discretion, may remove and discard your content and information; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that that HŌM shall not be liable to you or any third party for any termination of your account or access to the Services.
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
(a) ALL CLAIMS ARISING IN CONNECTION WITH THIS TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
(d) Notwithstanding anything to the contrary, you and HŌM may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 12.
If HŌM implements any material change to this Section 12, such change shall not apply to any claim for which you provided written notice to HŌM before the implementation of the change.
This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
HŌM may, from time to time, host and/or maintain a Platform using a third-party technology service provider and Customer acknowledges that HŌM cannot offer any additional or modified procedures other than those put in place by such technology provider with respect to such technology service.
Customer agrees that HŌM may identify Customer as a customer and use Customer’s logo and trademark in HŌM promotional materials. Customer may request that HŌM stop doing so by submitting an email to info@HOMAgent.com at any time. Customer acknowledges that it may take HŌM up to 30 days to process such request. Notwithstanding anything herein to the contrary, Customer acknowledges that HŌM may disclose the existence and terms and conditions of this Agreement to its advisors, actual and potential sources of financing and to third parties for purposes of due diligence.
All notices, consents, and other communications between the parties under or regarding this Agreement must be in writing (which includes email and facsimile) and be addressed according to information provided on an Order Form. All notices, consents and other communications between the parties under a Statement of Services will be sent to the recipient’s address specified thereon. All communications will be deemed to have been received on the date received. Either party may change its address for notices by giving written notice of the new address to the other party in accordance with this Section.
If to HŌM: PropCents Inc dba HŌM
Nhan Vo
2121 Lohmans Crossing Road, Suite 504-195
Austin, TX 78734
If to Customer: Customer Contact Information Provided in Order Form
Neither party may assign this Agreement to any third party without the prior written consent of the other; provided that no consent is required in connection with an assignment to an affiliate or in connection with any merger, reorganization, consolidation, sale of assets or similar transaction. HŌM may sublicense any or all its obligations hereunder. For the avoidance of doubt, a third-party technology provider that provides features or functionality in connection with the Platform shall not be deemed a sublicensee under this Agreement.
This TOS, any Additional Terms, and the Privacy Policy constitutes the entire agreement between you and HŌM concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and HŌM with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. This TOS may not be amended by you except in a writing executed by you and an authorized representative of HŌM. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of HŌM. The failure of HŌM to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by HŌM hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
