HomeASAP LLC, may, in its sole discretion, modify or revise these Terms at any time without prior notice, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement as amended from time to time, then please do not use the Service as described herein. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. These Terms apply to real estate agents and brokers subscribing for the Service (as defined herein.) If you are an individual consumer using the Service, these terms also apply to you except where specifically stated herein as applying only to real estate agents and brokers.
1. Description of Service; License Grant. HomeASAP operates the REAL ESTATE AGENT DIRECTORY (“READ”) a directory service, homeasap™, a home search website and mobile application, the SearchAlliance™marketing platform, and other related software applications and services (collectively, the "Service.") You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. HomeASAP disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Service or any other client software. HomeASAP also reserves the right to modify, suspend, or discontinue the Service with or without notice at any time and without any liability to you.
For software provided to you hereunder, subject to compliance with the terms and conditions provided in this Agreement, HomeASAP grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable right and license (“License”), during the term of this Agreement and subject to HomeASAP’s Intellectual Property rights, to use the software solely for your personal use and not for resale. This License shall be automatically revoked upon your failure to comply with the terms and conditions of this Agreement or, if Licensee is a real estate agent or broker, such Licensee's MLS agreements for Internet Data eXchange ("IDX") programs and any applicable rules, regulations, and policies. This Agreement is subject to immediate termination at HomeASAP’s discretion. HomeASAP is and shall remain the sole and exclusive owner of all right, title and interest in its websites and its software technology, Intellectual Property rights embodied herein, and Improvements thereto, including any Improvements made to meet Licensee’s needs.
You must be at least eighteen (18) years of age to use the Service. HomeASAP reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of the Service, and you agree not to use the Service in any way that is unlawful, or harms HomeASAP, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches any other policy or notice on the Service. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Service. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Violation of any of the foregoing, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. HomeASAP reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process, or governmental request.
Much of the content of the Service, including the contents of specific postings, is provided by and is the responsibility of the person or people who made such postings. HomeASAP does not monitor the content of Service and takes no responsibility for such content. Instead, HomeASAP only provides access to such content as a service to you.
It is possible that posts by others on the Service may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using the Service.
HomeASAP does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any data or postings provided by the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on information provided by the Service will be at your sole risk.
4. Communications. As a condition of using the Service, you agree to receive emails and other communications from us regarding the Service and additional services we may offer. If you are a consumer and choose to contact a real estate agent through the Service by filling out a contact request or other request form on the Service, you authorize us to provide your name and contact information and other identifying information you provide to the real estate agent you choose, and you acknowledge that, by submitting your contact request or other request form on the Service, you may receive telemarketing calls and emails from or on behalf of the real estate agent at the telephone number(s) and email addresses you provide. You may receive e-mail, text or instant messages (SMS/IMS), or auto-dialed or pre-recorded phone messages from HomeASAP or its service providers for a variety of reasons - for example, if you took an action on the HomeASAP pages or apps or you signed up for reports, receive account notifications, etc. Telephone minute and text charges may apply. We respect your desire to manage messages you receive from us, and you do not have to consent to receive auto-dialed or pre-recorded message phone calls or texts to use the Service. Where we are required to obtain your consent for such communications, you can revoke your consent at any time by contacting us. You can manage your receipt of the types of communication by following the instructions included in the message we send you.
5. General Practices Regarding Use and Storage. You agree that HomeASAP has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. HomeASAP retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
6. Content of the Service. HomeASAP takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does HomeASAP have any obligation to monitor such third-party content. HomeASAP reserves the right at all times to remove or refuse to distribute any content on the Service, such as content that violates the terms of this Agreement. HomeASAP also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of HomeASAP, its users and the public. HomeASAP will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
7. Intellectual Property Rights. HomeASAP's Intellectual Property Rights. You acknowledge that HomeASAP owns all right, title and interest in and to the Service, including all intellectual property rights (the "HomeASAP Rights"). HomeASAP Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, reverse engineer, or create derivative works from the Service in any form. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, HomeASAP Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. HomeASAP claims no ownership or control over any content submitted, posted or displayed by you on or through HomeASAP services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through HomeASAP services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through HomeASAP services that are intended to be available to the members of the public, you grant HomeASAP a worldwide, non-exclusive, royalty-free license to reproduce, publish, and distribute such content on HomeASAP services for the purpose of displaying and distributing HomeASAP services. HomeASAP furthermore reserves the right to refuse to accept post, display, or transmit any content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
You may choose to submit, post, and display any materials on or through the Service by manually marking your materials as such or using the Service to do so. For avoidance of doubt, HomeASAP is not a party to any such public license between you and any third party. Also, for avoidance of doubt, HomeASAP may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
Copyright Infringement . HomeASAP respects the intellectual property rights of others and expect you as user of the Service to do the same. To the extent anyone believes that his/her work has been reproduced in a way that constitutes copyright infringement he/she may notify our agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work 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 or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit HomeASAP to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
e. A statement in the notice, “I as the Complaining Party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;” and
f. A statement in the notice, “I hereby state that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Notice of copyright infringement including all the required information above should be sent to:
4887 Belfort Road, Suite 400
Jacksonville, FL 32256
Attn: Copyright Agent
E-mail: [email protected]
Upon receipt of the above notice of copyright infringement, HomeASAP reserves the sole right and discretion to take whatever action it deems appropriate, including removal of the content from the Service and/or termination of use of the Service with regard to anyone who repeatedly engages in copyright infringement.
8. No Resale of the Service. Unless expressly authorized in writing by HomeASAP, you agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
9. Publicity. Any use of HomeASAP's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including but not limited to "HomeASAP," “homeasap™” and SearchAlliance™ (collectively, "Brand Features"), must be in compliance with this Agreement.
10. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to HomeASAP to participate in the Service is correct and current; and (b) you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder. OTHER THAN THE LIMITED WARRANTIES SET FORTH HEREIN, HOMEASAP DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AND HOMEASAP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. ANY SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED HEREUNDER, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND.
12. Fees & Billing; Cancellation; Refund Policy. The Service is provided free to individual consumers. If you are a real estate agent or broker subscribing to the Service, you agree to pay the fees and charges for your Service in accordance with the plan terms, including any renewal periods, and authorize HomeASAP to charge the payment method provided our third-party payment processor. You may cancel your Service at any time by contacting customer service at [email protected] or 904-549-7600 from Monday to Friday between 9 a.m. and 5 p.m. Eastern Time. Except as provided herein, fees paid for Services are non-refundable, and requests to cancel will be processed at period end unless you contact us within 30 days of purchase or renewal. Certain products may have non-refundable setup fees and supplemental terms which are incorporated herein by reference.
13. Indemnification. You agree to hold harmless and indemnify HomeASAP, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, lost revenues or profits, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, HomeASAP will provide you with written notice of such claim, suit or action.
14. Entire Agreement; Headings. This Agreement constitutes the entire agreement between you and HomeASAP and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HomeASAP services, affiliate services, third party content, or third party software. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the Terms.
15. Waiver and Severability of Terms. The failure of HomeASAP to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
16. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of HomeASAP services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. HOMEASAP SHALL NOT BE LIABLE FOR, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOST REVENUES, LOST DATA, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOMEASAP’S LIABLITY UNDER THIS AGREEMENT EXCEED THE FEES PAID HEREUNDER DURING THE PRECEEDING 12-MONTH PERIOD.
17. Choice of Law; Jurisdiction; Forum; Mandatory Arbitration. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in St. Johns County, Florida, and you consent to the jurisdiction of such courts. You and HomeASAP agree that any dispute, claim, or controversy arising out of or relating in any way to the HomeASAP Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration as set forth herein:
(a) You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and HomeASAP are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your HomeASAP account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and HomeASAP agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
(b) You and HomeASAP agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the HomeASAP Service are NOT subject to mandatory arbitration. Instead, you and HomeASAP agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in St. Johns County, Florida, and that applicable Florida and/or Federal law shall govern, without regard to choice of law principles.
(c) YOU AND HOMEASAP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
(d) Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by HomeASAP. Any arbitration costs or fees deemed “excessive” will be paid by HomeASAP.