HomeScout Terms of Use

TERMS OF USE FOR HOME BUYERS AND SELLERS

HomeScout offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with HomeScout and/or use of HomeScout's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice.

HomeScout allows Users to locate and evaluate proposals from independent third party real estate professionals. Users (whether a home buyer or a home seller) agree to supply HomeScout with information about themselves and the property they want to sell or hope to buy. HomeScout will use this information within HomeScout and to provide certain details on an anonymous or non-anonymous basis depending on the HomeScout service to third parties who are, in most cases, appropriate members of its real estate agent network. Users may also agree to have the information he/she has supplied to HomeScout forwarded to real estate or other third-party professionals referred by HomeScout. As HomeScout uses email, on an almost exclusive basis, to provide HomeScout services, all HomeScout users must consent to receive Email from HomeScout to register for HomeScout services. HomeScout users will also be required to consent to receive emails from third party(ies) if the HomeScout service requested requires services from a third party(ies)(for example, a local real estate agent).

To assure the value of HomeScout's services, you agree that all of the information you have provided to HomeScout, whether on line or otherwise, is accurate and complete. HomeScout reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the HomeScout service requested by User, you authorize HomeScout to forward your information to its network of real estate professionals according to the terms of the HomeScout service that you use.

HomeScout may refer real estate professionals to Users, but HomeScout does not engage in real estate broker services. Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you by HomeScout. The terms of any agreement between a real estate professional and HomeScout are not endorsed, recommended or otherwise known to or by HomeScout.

For its services HomeScout may receive payment including, but not limited to a referral fee that may be a percentage of the commission received by the real estate professionals involved in the real estate transaction. HomeScout's payment is due based on an agreement between HomeScout and the real estate professional involved. Your registration with HomeScout and use of HomeScout services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

HomeScout may from time to time offer eligible Users promotional opportunities to incent use of HomeScout's services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Users who use a HomeScout affiliated real estate professional to buy or sell a home. User eligibly for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.

HomeScout Services

BuyerLink™

The BuyerLink™ service is a free service that provides potential homebuyers with web access to home listings. To view HomeScout's home listings, users select the market targeted for home purchase and are directed to a local real estate professional's website. The local real estate professional will make available to the User relevant current MLS listings, User acknowledges that third party websites may have their own terms of use which regulate access to third party site. To use this service, User must consent to receive emails from HomeScout and from real estate professionals referred to User by HomeScout.

Source4Sellers™

The Source4Sellers™ service is a free service to registered HomeScout Users that enables prospective home sellers to obtain a detailed report of comparable home prices and recent sales in a designated area from a local real estate professional. Registered HomeScout Users considering a home sale can receive a free valuation of their home based on recent sales of comparable homes from the real estate professional by completing a simple, online questionnaire. This valuation is not intended to be, nor should it be relied on as, an appraisal or similar report rendered by a licensed, professional appraiser or other similar report. HomeScout recommends that sellers consult a licensed appraisal professional before contemplating any real estate transaction. To use this service, User must consent to receive emails from HomeScout and from real estate and other third-party professionals referred to User by HomeScout.

HomeScout Agent Evaluator™

The HomeScout Agent Evaluator™ is a service provided to registered HomeScout users that allow potential home sellers and homebuyers to find and anonymously compare proposals from real estate professionals. Users must provide information requested by HomeScout relevant to the real estate transaction. This information is forwarded on an anonymous basis to selected real estate professionals that have registered with HomeScout to receive such information. All such real estate professionals are independent third parties to HomeScout. HomeScout makes no representation or warranty as to the quality or a qualification of any real estate professional referred to User and requires that all Users independently investigate the qualifications of each real estate profession prior to entering any agreement with a real estate professional. HomeScout's service allows Users to compare proposals from a number of real estate professionals on an anonymous basis. User may contact the real estate professional at any time through contact information provided by that real estate professional. Proposals from real estate professionals may include, but are not limited to, their years of experience with real estate transactions, the number of homes sold within relevant ZIP codes and other details about their knowledge of the locale. Real Estate Professionals may list a commission rate and other services fees. It is recommended that Users verify such commission rate or other fees prior to engaging the real estate professional. To use this service, User must consent to receive emails from HomeScout and from real estate professionals referred to User by HomeScout.

HomeScout is not a party to, and has no knowledge of specific terms of, any agreement between the real estate professional and the User.

HomeScout Featured Vendors

From time to time HomeScout may include on its www.HomeScout.com site, third parity services such as a Moving Center or a Home Improvement Center. HomeScout posts these services on its site as a service to its Users who may be interested in such services. HomeScout is not responsible and makes no warranty or representation as to the quality or performance of the services offered. HomeScout advises all users to carefully review each third party service offering prior to engagement with any third party service provider.

Use of third party services

You agree that HomeScout offers participation in a group of Real Estate Professionals and other real estate professionals who are not employed by HomeScout. HomeScout is not responsible or liable for any acts or omissions created or performed by these third parties. HomeScout's Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. HomeScout does not operate or control in any respect any information, software, products or services available on such Web sites. HomeScout's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Modification Of HomeScout Services

HomeScout reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. HomeScout shall not be liable to any User or any third party should HomeScout exercise its right to modify or discontinue service.

Obligations of Home Buyer/Sellers Registered with HomeScout

By completing your registration with HomeScout.com as a potential Home Buyer or Home Seller, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract;
b. You are interested in purchasing/selling property or both;
c. You are interested in purchasing/selling property located in the USA;
d. You do not have an exclusive contractual or other arrangement with any Real Estate Professional;
e. You agree to be contacted via Email or other means by HomeScout, and third parties if relevant, regarding HomeScout services;
f. HomeScout may request, receive, copy and review your real property transaction and/or settlement documents;
g. You represent that you are not licensed as a real estate agent or broker;
h. You acknowledge that HomeScout recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify Real Estate Professional license status and background as HomeScout.com, Inc makes no such representations and or warranties about any real estate professional that may use the HomeScout service.
i. As a Home Buyer or Seller, you are not bound to accept any of the Proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate professional. Any endorsements posted by a Real Estate Professional through the HomeScout Consumer Feedback Program are the sole responsibility of the Real Estate Professionals. HomeScout disclaims any liability arising from and the accuracy of any Endorsements posted by Real Estate Professionals. It is your responsibility to evaluate the nature of any Endorsement posted by any Real Estate Professional and to be aware that Endorsements might not reflect the actual quality of service that you may receive from a Real Estate Professional.

TERMINATION

HomeScout reserves the right to cancel the membership of any User in any HomeScout Service at any time for any reason, including a User's breach of these Terms of Use, or the terms and conditions of any service for which the User may have registered. A User may cancel membership at any time for any reason by delivering a written notice addressed to the Customer Relations Department, HomeScout, 1250 45th Street - Suite 200, Emeryville, CA 94608 by United States mail or by fax to 1-510-655-0848. User shall be responsible for ensuring delivery of the cancellation notice to HomeScout.

Copyright and Trade Mark Notices

All contents of the HomeScout.com website are Copyright © 1999-2005 HomeScout.com, Inc. and or its suppliers, 1250 45th St. Emeryville, CA 94608 USA. All rights reserved, HomeScout is a service mark of HomeScout.com, Inc. Other product and company names may be trade or service marks of their respective owners.

DISCLAIMERS AND LIMITATIONS

HomeScout intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, HomeScout may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." HomeScout AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE 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 HomeScout'S SERVICES IS AT YOUR OWN RISK. HomeScout AND/OR ITS SUPPLIERS, 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 HomeScout'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HomeScout AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Web site, you agree to indemnify HomeScout and its suppliers, distributors, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of HomeScout's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

ERRORS AND DELAYS

HomeScout is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of HomeScout's services, to the goods or services provided by HomeScout, or to any acts or omissions for which you may contend HomeScout is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Contra Costa county, California. 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 arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to HomeScout. In any arbitration, HomeScout will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in 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 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 HomeScout 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.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

TERMS OF USE FOR REAL ESTATE PROFESSIONALS FOR BUYERLINK™

HomeScout offers services to you, the "Real Estate Professional", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with HomeScout and/or use of HomeScout's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice. Real Estate Professional shall obtain any required broker approval prior to participation in any HomeScout service, and Real Estate Professional expressly represents that all such permissions have been obtained.

Fees and Registration Requirements for Real Estate Professionals

HomeScout offers services targeted to Real Estate Professionals. To receive these services, Real Estate Professionals must accurately complete a registration for a desired service and agree to payment obligations for such service.

BUYERLINK™

The BuyerLink™ service is a service that provides potential home buyers with web access to home listings on the local Real Estate Professional’s website. Real Estate Professional must have a personal website with MLS search capabilities for consumers. MLS data must come from the MLS using Broker Reciprocity, IDX or VOW data. Sites that provide access to only the agent's, the broker's, or the brokerage's listings are not eligible. Sites without MLS listings but only listings from aggregators such as Realtor.com are not eligible. There must be a unique URL that allows us to send consumers directly to the search criteria or listings registration page of your website.

There is no referral fee or monthly subscription fee. Instead, Real Estate Professional is charged for visits directed to your site on a cost-per-visit basis. For example, if you signup for "Dallas, TX", then each time a visitor at HomeScout clicks on the city name "Dallas" to find listings, you are charged the previously agreed upon 'per visit' rate for your market. HomeScout will bill you at the beginning of each month for visits delivered during the prior month. Visits are totaled and your credit card is charged the appropriate amount. To sign up for this service, a Real Estate Professional is required to supply a valid credit card that is available for periodic monthly payments.

Payment of Charges

A. On Time Payment

A Real Estate Professional is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. HomeScout may terminate or disable Real Estate Professional’s account if Real Estate Professional fails to pay any amount due to HomeScout when due. If the credit card expires or otherwise declines payment, access to HomeScout can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Real Estate Professional shall pay all costs of collection, including legal fees, incurred by HomeScout. Each time HomeScout services are used, the Real Estate Professional affirms that HomeScout is authorized to obtain payment from Real Estate Professional through the selected payment method. All fees are quoted and payable in United States dollars. The Real Estate Professional is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to HomeScout including Charges incurred on your account by the Real Estate Professional, or anyone the Real Estate Professional allows to use the Real Estate Professional's account.

B. Payment Methods

Real Estate Professional’s complete billing address and telephone number must be provided to process payments. HomeScout accepts major credit cards including Visa and MasterCard and for some Charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods HomeScout may not credit the applicable Membership account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. HomeScout may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

C. Account Discrepancies

A Real Estate Professional may always contact HomeScout customer relations by e-mail or telephone concerning Charges or other questions regarding the status of a Membership account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the Real Estate Professional must write to the Customer Relations Department, HomeScout, 1250 45th Street - Suite 200, Emeryville, CA 94608 delivered by United States mail or by fax to 510-655-0848.

Obligations of Real Estate Professionals Registered with HomeScout

By completing your registration with HomeScout.com as a Real Estate Professional, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the HomeScout services;
b. All information you submit to HomeScout or pursuant to a HomeScout service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to HomeScout or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested HomeScout service;
e. You agree to be contacted via Email by HomeScout, and third parties if relevant, regarding HomeScout's services;
f. You will not use or attempt to use any facility provided by HomeScout wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;
g. You will not submit a Proposal for services that you I) do not offer, ii) are not permitted or licensed to offer based on applicable laws and regulations, or iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide;
h. You will not refer HomeScout supplied leads to any other person;
i. You will not take any action that may undermine the integrity of any HomeScout User initialed feedback system, including, without limitation: supplying inaccurate information to, or accessible by, any of the HomeScout services.
j. HomeScout reserves the right to terminate the participation of any Real Estate Professional whose feedback rating falls below a minimum level set by HomeScout, at HomeScout's sole discretion;
k. You will not use any HomeScout User feedback rating system that may be available from time to time for any purpose other than to facilitate promotion of information among HomeScout Users;
l. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your HomeScout Membership, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
m. You hereby grant HomeScout permission to e-mail or display your Profile and such other information as may be supplied by you to HomeScout on or from HomeScout's website (www.HomeScout.com) and such other partner and affiliate websites as HomeScout shall deem advisable in its sole determination for marketing purposes;
n. You will utilize any HomeScout consumer feedback program(s) only in connection with Endorsement(s) that: (I) are Endorsements and as such are complete, accurate and verifiable, and do not misstate, misquote the endorser (including words taken from context) and have been posted with the endorser's full and unqualified permission, (ii) include the endorser's name and telephone number, (iii) do not name any other real estate professional or promote goods or services provided by someone other than the real estate professional posting an endorsement, and (iv) do not contain links to other web pages, pictures or JavaScript; and (v) will provide to HomeScout and HomeScout Users only Property Listings that are accurate and current, and comply with all professional, regulatory and contractual requirements, including such requirements relating to the promotion and advertising of those Property Listings; and (vi) will be responsible for setting your own fees and commissions in compliance with all applicable laws and regulations.

Modification Of HomeScout Services

HomeScout reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. HomeScout reserves the right to modify at any time the price charged for its Services. In the event of a price change, you will be notified by e-mail at the address on your account thirty (30) days in advance of any price increase. Your continued use of the Service after the price increase goes into effect shall constitute your agreement to be bound by such changes. Notwithstanding anything to the contrary herein, if you do not agree to the price increase, you must terminate your Agreement in writing before the price increase goes into effect effective on the last day before the price increase goes into effect. HomeScout shall not be liable to any User or any third party should HomeScout exercise its right to modify or discontinue service.

TERMINATION

HomeScout may terminate this agreement at any time for any reason, including if the Real Estate Professional is in default of this agreement, if the Real Estate Professional; has not paid the fees due, if the Real Estate Professional is not meeting the minimum service standards, if the Real Estate Professional's real estate license is terminated or suspended, or if the Real Estate Professional does not honor HomeScout's Terms of Use. If the Real Estate Professional wishes to cancel all or part of their subscription, you may cancel at any time on thirty (30) days advance written notice. There are no refunds upon termination. E-mail written notice to agent@HomeScout.com or mail it to HomeScout, ATTN: Agent Memberships, 1250 45th Street, Suite 200, Emeryville, CA 94608, or by fax to 1-510-655-0848. User shall be responsible for ensuring delivery of the cancellation notice to HomeScout. All fees or charges due to HomeScout up to the point of termination or cancellation shall remain payable to HomeScout.

Copyright and Trade Mark Notices All contents of the HomeScout.com website are Copyright © 1999-2005 HomeScout.com, Inc. and or its suppliers, 1250 45th St. Emeryville, CA 94608 USA. All rights reserved, HomeScout is a service mark of HomeScout.com, Inc. Other product and company names may be trade or service marks of their respective owners.

LINK TO REAL ESTATE PROFESSIONAL’S WEBSITE.

Real Estate Professionals who register for HomeScout services, agree that HomeScout may link or otherwise drive traffic to that Real Estate Professional’s website from time to time in HomeScout's sole discretion.

DISCLAIMERS AND LIMITATIONS

HomeScout intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, HomeScout may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." HomeScout AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE 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 HomeScout'S SERVICES IS AT YOUR OWN RISK. HomeScout AND/OR ITS SUPPLIERS, 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 HomeScout'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HomeScout AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Web site, you agree to indemnify HomeScout and its suppliers, distributors, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of HomeScout's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HomeScout OR HomeScout'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. HomeScout'S LIABILITY, AND THE LIABILITY OF HomeScout'S SUPPLIERS, TO YOU, THE REAL ESTATE PROFESSIONAL, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE REAL ESTATE PROFESSIONAL, PAY TO HomeScout IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, whichever is less. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

ERRORS AND DELAYS

HomeScout is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of HomeScout's services, to the goods or services provided by HomeScout, or to any acts or omissions for which you may contend HomeScout is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Contra Costa county, California. 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 arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to HomeScout. In any arbitration, HomeScout will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in 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 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 HomeScout 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.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

TERMS OF USE FOR REAL ESTATE PROFESSIONALS FOR SOURCE4SELLERS™

HomeScout offers services to you, the "Real Estate Professional", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with HomeScout and/or use of HomeScout's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice. Real Estate Professional shall obtain any required broker approval prior to participation in any HomeScout service, and Real Estate Professional expressly represents that all such permissions have been obtained.

Fees and Registration Requirements for Real Estate Professionals

HomeScout offers services targeted to Real Estate Professionals. To receive these services, Real Estate Professionals must accurately complete a registration for a desired service and agree to payment obligations for such service.

SOURCE4SELLERS™

The Source4Sellers™ service is a service that enables prospective home sellers to obtain a detailed report of comparable home prices and recent sales in a designated area from a Real Estate Professional. HomeScout will deliver to the subscribing Real Estate Professional exclusive home owner leads from the territories listed above who have requested an online home valuation estimate. Leads are generated through HomeScout's ongoing online advertising and partnership efforts. While HomeScout will provide certain exclusive leads from a specific territory, no guarantee is made as to the quantity of such leads and it reserves the right to provide different exclusive leads to others for the same territory. HomeScout's advertising efforts will be targeted towards homeowners who are thinking about selling their home, who are interested in knowing the value of their home or a home in their neighborhood, or a home in a neighborhood where they are thinking about purchasing a home. HomeScout's advertising efforts may interest prospective homebuyers who are interested in purchasing a home. Any response that is generated as a result of HomeScout's advertising efforts is considered a lead. HomeScout will provide to its subscribers marketing tips and information aimed to help them succeed in using Source4Sellers. HomeScout maintains a long-term vision and Source4Sellers leads are generally not instant business like all sales prospecting efforts. Sales prospecting using Source4Sellers is designed to be an ongoing effort maintained each month of the year.

Service Standards: Real Estate Professional will make best efforts to follow up on all leads generated through Source4Sellers, thus reinforcing HomeScout and its partners' reputation. The Real Estate Professional will respond to each lead within 24 hours, or let HomeScout know within that time frame of their inability to meet this minimum service standard. If the Real Estate Professional does not meet this service standard, HomeScout may reassign, in its sole discretion and without refund to the Real Estate Professional, any unserviced leads to another Real Estate Professional. The Real Estate Professional may not redistribute or resell any HomeScout leads. Real Estate Professional acknowledges that not all leads will result in benefit to the Real Estate Professional, and that ongoing cultivation and prospecting of these leads may be required. Real Estate Professional realizes that leads received through Source4Sellers may be consumers who have previously used and/or are currently using other Internet real estate sites and services, including but not limited to HomeScout, to help them in the home selling and/or buying process.

Payment: The Real Estate Professional shall pay HomeScout a monthly subscription fee for the subscribed leads as selected by the Real Estate Professional. If the first month is a partial month, the prorated subscription fee for that month will be based on the start date and billed on the next billing cycle. Subscription fees are paid automatically by credit or debit card on the first of each calendar month for that month's service. If payment is not made, HomeScout may suspend the service and reassign the leads to another Real Estate Professional. Suspension does not release the Real Estate Professional from their payment obligation or entitle them to any refunds. HomeScout reserves the right to change the subscription upon written notice to the Real Estate Professional.

Payment of Charges

A. On Time Payment

A Real Estate Professional is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. HomeScout may terminate or disable Real Estate Professional’s account if Real Estate Professional fails to pay any amount due to HomeScout when due. If the credit card expires or otherwise declines payment, access to HomeScout can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Real Estate Professional shall pay all costs of collection, including legal fees, incurred by HomeScout. Each time HomeScout services are used, the Real Estate Professional affirms that HomeScout is authorized to obtain payment from Real Estate Professional through the selected payment method. All fees are quoted and payable in United States dollars. The Real Estate Professional is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to HomeScout including Charges incurred on your account by the Real Estate Professional, or anyone the Real Estate Professional allows to use the Real Estate Professional's account.

B. Payment Methods

Real Estate Professional’s complete billing address and telephone number must be provided to process payments. HomeScout accepts major credit cards including Visa and MasterCard and for some Charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods HomeScout may not credit the applicable Membership account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. HomeScout may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

C. Account Discrepancies

A Real Estate Professional may always contact HomeScout customer relations by e-mail or telephone concerning Charges or other questions regarding the status of a Membership account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the Real Estate Professional must write to the Customer Relations Department, HomeScout, 1250 45th Street - Suite 200, Emeryville, CA 94608 delivered by United States mail or by fax to 510-655-0848.

Obligations of Real Estate Professionals Registered with HomeScout

By completing your registration with HomeScout.com as a Real Estate Professional, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the HomeScout services;
b. All information you submit to HomeScout or pursuant to a HomeScout service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to HomeScout or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested HomeScout service;
e. You agree to be contacted via Email by HomeScout, and third parties if relevant, regarding HomeScout's services;
f. You will not use or attempt to use any facility provided by HomeScout wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Professionals;
g. You will not submit a Proposal for services that you I) do not offer, ii) are not permitted or licensed to offer based on applicable laws and regulations, or iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide;
h. You will not submit refer HomeScout supplied leads to any other person;
i. You will not take any action that may undermine the integrity of any HomeScout User initialed feedback system, including, without limitation: supplying inaccurate information to, or accessible by, any of the HomeScout services.
j. HomeScout reserves the right to terminate the participation of any Real Estate Professional whose feedback rating falls below a minimum level set by HomeScout, at HomeScout's sole discretion;
k. You will not use any HomeScout User feedback rating system that may be available from time to time for any purpose other than to facilitate promotion of information among HomeScout Users;
l. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your HomeScout Membership, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
m. You hereby grant HomeScout permission to e-mail or display your Profile and such other information as may be supplied by you to HomeScout on or from HomeScout's website (www.HomeScout.com) and such other partner and affiliate websites as HomeScout shall deem advisable in its sole determination for marketing purposes;
n. You will utilize any HomeScout consumer feedback program(s) only in connection with Endorsement(s) that: (I) are Endorsements and as such are complete, accurate and verifiable, and do not misstate, misquote the endorser (including words taken from context) and have been posted with the endorser's full and unqualified permission, (ii) include the endorser's name and telephone number, (iii) do not name any other real estate professional or promote goods or services provided by someone other than the real estate professional posting an endorsement, and (iv) do not contain links to other web pages, pictures or JavaScript; and (v) will provide to HomeScout and HomeScout Users only Property Listings that are accurate and current, and comply with all professional, regulatory and contractual requirements, including such requirements relating to the promotion and advertising of those Property Listings; and (vi) will be responsible for setting your own fees and commissions in compliance with all applicable laws and regulations.


Modification Of HomeScout Services

HomeScout reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. HomeScout reserves the right to modify at any time the price charged for its Services. In the event of a price change, you will be notified by e-mail at the address on your account thirty (30) days in advance of any price increase. Your continued use of the Service after the price increase goes into effect shall constitute your agreement to be bound by such changes. Notwithstanding anything to the contrary herein, if you do not agree to the price increase, you must terminate your Agreement in writing before the price increase goes into effect effective on the last day before the price increase goes into effect. HomeScout shall not be liable to any User or any third party should HomeScout exercise its right to modify or discontinue service.

TERMINATION

HomeScout may terminate this agreement at any time for any reason, including if the Real Estate Professional is in default of this agreement, if the Real Estate Professional; has not paid the fees due, if the Real Estate Professional is not meeting the minimum service standards, if the Real Estate Professional's real estate license is terminated or suspended, or if the Real Estate Professional does not honor HomeScout's Terms of Use. If the Real Estate Professional wishes to cancel all or part of their subscription, you may cancel at any time on thirty (30) days advance written notice. There are no refunds upon termination. E-mail written notice to agent@HomeScout.com or mail it to HomeScout, ATTN: Agent Memberships, 1250 45th Street, Suite 200, Emeryville, CA 94608, or by fax to 1-510-655-0848. User shall be responsible for ensuring delivery of the cancellation notice to HomeScout. All fees or charges due to HomeScout up to the point of termination or cancellation shall remain payable to HomeScout.

Copyright and Trade Mark Notices

All contents of the HomeScout.com website are Copyright © 1999-2005 HomeScout.com, Inc. and or its suppliers, 1250 45th St. Emeryville, CA 94608 USA. All rights reserved, HomeScout is a service mark of HomeScout.com, Inc. Other product and company names may be trade or service marks of their respective owners.

LINK TO REAL ESTATE PROFESSIONAL’S WEBSITE.

Real Estate Professionals who register for HomeScout services, agree that HomeScout may link or otherwise drive traffic to that Real Estate Professional’s website from time to time in HomeScout's sole discretion.

DISCLAIMERS AND LIMITATIONS

HomeScout intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, HomeScout may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." HomeScout AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE 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 HomeScout'S SERVICES IS AT YOUR OWN RISK. HomeScout AND/OR ITS SUPPLIERS, 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 HomeScout'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HomeScout AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Web site, you agree to indemnify HomeScout and its suppliers, distributors, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of HomeScout's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HomeScout OR HomeScout'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. HomeScout'S LIABILITY, AND THE LIABILITY OF HomeScout'S SUPPLIERS, TO YOU, THE REAL ESTATE PROFESSIONAL, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE REAL ESTATE PROFESSIONAL, PAY TO HomeScout IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, whichever is less. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

ERRORS AND DELAYS

HomeScout is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of HomeScout's services, to the goods or services provided by HomeScout, or to any acts or omissions for which you may contend HomeScout is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Contra Costa county, California. 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 arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to HomeScout. In any arbitration, HomeScout will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in 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 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 HomeScout 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.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

TERMS OF USE FOR REAL ESTATE PROFESSIONALS FOR AGENT EVALUATOR™

HomeScout offers services to you, the "Real Estate Professional", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with HomeScout and/or use of HomeScout's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice. Real Estate Professional shall obtain any required broker approval prior to participation in any HomeScout service, and Real Estate Professional expressly represents that all such permissions have been obtained.

Fees and Registration Requirements for Real Estate Professionals

HomeScout offers services targeted to Real Estate Professionals. To receive these services, Real Estate Professionals must accurately complete a registration for a desired service and agree to payment obligations for such service.

Agent Evaluator™

The HomeScout Agent Evaluator™ service is a service that allows potential home sellers and home buyers to find and anonymously compare proposals from Real Estate Professionals. To sign up for this service, a Real Estate Professional is required to supply a valid credit card that is available for periodic monthly payments.

In addition, a Real Estate Professional who subscribes to this service agrees to pay a referral fee(s) whenever a Real Estate Professional submits a proposal to the User (buyer and/or seller) and subsequently handles a purchase for the User and/or the sale of the User's property. For Real Estate Professionals receiving Seller and/or Buyer referrals from HomeScout the applicable referral fees are payable whenever the Real Estate Professional has submitted a proposal to a Seller or Buyer through the HomeScout system and 1) the Real Estate Professional subsequently handles the sale of any property for the Seller (for the first property sale related to that Seller), 2) the Real Estate Professional subsequently handles the purchase of any property for the Seller (for the first property purchase related to that Seller), 3) the Real Estate Professional subsequently handles the purchase of any property for the Seller or Buyer (for the first property purchase related to that Buyer) and/or 4) the Real Estate Professional subsequently handles the sale of any property for the Seller or Buyer (for the first property purchase related to that Buyer). If another person posts a seller or buyer profile that relates to a prospective buyer and/or seller, the term Seller or Buyer, as the case may be, shall include both persons. In the event of a change in the applicable referral fee, HomeScout will accept the original referral fee for any transaction(s) where we are notified of such transaction(s) and where we receive a valid real estate contract dated prior to notification of the change in fee.

All applicable referral fees are calculated based on the entire gross commission remitted to each side of a transaction concerning the HomeScout user, prior to any split between the Real Estate Professional and his or her broker, or allocation of a payment to another party (including but not limited to referral fee payments to other third parties). Notwithstanding the actual gross commission paid, the referral fee is calculated on a minimum of two percent (2%) of the gross sales price or the actual gross commission, whichever is larger.

Each Real Estate Professional who registers with HomeScout also agrees to ensure that HomeScout is paid the applicable referral fees directly from settlement proceeds from the escrow agency, or similar entity, (unless closing Real Estate Professional is prohibited from making this payment in which case, payment to HomeScout shall be made within fourteen (14) days of close of sale or purchase). Real Estate Professional shall also make updates and other reports to HomeScout as required by HomeScout from time to time as to status of the applicable transaction. Real Estate Professional further agrees that HomeScout may audit any books and/or records applicable to the status of the real estate transaction involving a dispute.

All Real Estate Professional registrations with HomeScout are non transferable and all fees paid are non refundable.

Payment of Charges

A. On Time Payment

A Real Estate Professional is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. HomeScout may terminate or disable Real Estate Professional’s account if Real Estate Professional fails to pay any amount due to HomeScout when due. If the credit card expires or otherwise declines payment, access to HomeScout can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Real Estate Professional shall pay all costs of collection, including legal fees, incurred by HomeScout. Each time HomeScout services are used, the Real Estate Professional affirms that HomeScout is authorized to obtain payment from Real Estate Professional through the selected payment method. All fees are quoted and payable in United States dollars. The Real Estate Professional is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to HomeScout including Charges incurred on your account by the Real Estate Professional, or anyone the Real Estate Professional allows to use the Real Estate Professional's account.

B. Payment Methods

Real Estate Professional’s complete billing address and telephone number must be provided to process payments. HomeScout accepts major credit cards including Visa and MasterCard and for some Charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods HomeScout may not credit the applicable Membership account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. HomeScout may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

C. Account Discrepancies

A Real Estate Professional may always contact HomeScout customer relations by e-mail or telephone concerning Charges or other questions regarding the status of a Membership account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the Real Estate Professional must write to the Customer Relations Department, HomeScout, 1250 45th Street - Suite 200, Emeryville, CA 94608 delivered by United States mail or by fax to 510-655-0848.

Obligations of Real Estate Professionals Registered with HomeScout

By completing your registration with HomeScout.com as a Real Estate Professional, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the HomeScout services;
b. All information you submit to HomeScout or pursuant to a HomeScout service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to HomeScout or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested HomeScout service;
e. You agree to be contacted via Email by HomeScout, and third parties if relevant, regarding HomeScout's services;
f. You will not use information obtained through HomeScout to locate, identify or directly contact a Home Seller or Home Buyer in any manner without HomeScout or Buyer/Seller consent;
g. You will not use or attempt to use any facility provided by HomeScout wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;
h. You will not submit a Proposal for services that you I) do not offer, ii) are not permitted or licensed to offer based on applicable laws and regulations, or iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide;
i. You will not submit a Profile or Proposal or Bid or Endorsement or refer HomeScout supplied leads to any other person;
j. You will not take any action that may undermine the integrity of any HomeScout User initialed feedback system, including, without limitation: supplying inaccurate information to, or accessible by, any of the HomeScout services.
k. HomeScout reserves the right to terminate the participation of any Real Estate Professional whose feedback rating falls below a minimum level set by HomeScout, at HomeScout's sole discretion;
l. You will not use any HomeScout User feedback rating system that may be available from time to time for any purpose other than to facilitate promotion of information among HomeScout Users;
m. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your HomeScout Membership, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
n. You hereby grant HomeScout permission to e-mail or display your Profile and such other information as may be supplied by you to HomeScout on or from HomeScout's website (www.HomeScout.com) and such other partner and affiliate websites as HomeScout shall deem advisable in its sole determination for marketing purposes;
o. You will utilize any HomeScout consumer feedback program(s) only in connection with Endorsement(s) that: (I) are Endorsements and as such are complete, accurate and verifiable, and do not misstate, misquote the endorser (including words taken from context) and have been posted with the endorser's full and unqualified permission, (ii) include the endorser's name and telephone number, (iii) do not name any other real estate professional or promote goods or services provided by someone other than the real estate professional posting an endorsement, and (iv) do not contain links to other web pages, pictures or JavaScript; and (v) will provide to HomeScout and HomeScout Users only Property Listings that are accurate and current, and comply with all professional, regulatory and contractual requirements, including such requirements relating to the promotion and advertising of those Property Listings; and (vi) will be responsible for setting your own fees and commissions in compliance with all applicable laws and regulations.


Modification Of HomeScout Services

HomeScout reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. HomeScout reserves the right to modify at any time the price charged for its Services. In the event of a price change, you will be notified by e-mail at the address on your account thirty (30) days in advance of any price increase. Your continued use of the Service after the price increase goes into effect shall constitute your agreement to be bound by such changes. Notwithstanding anything to the contrary herein, if you do not agree to the price increase, you must terminate your Agreement in writing before the price increase goes into effect effective on the last day before the price increase goes into effect. HomeScout shall not be liable to any User or any third party should HomeScout exercise its right to modify or discontinue service.

TERMINATION

HomeScout may terminate this agreement at any time for any reason, including if the Real Estate Professional is in default of this agreement, if the Real Estate Professional; has not paid the fees due, if the Real Estate Professional is not meeting the minimum service standards, if the Real Estate Professional's real estate license is terminated or suspended, or if the Real Estate Professional does not honor HomeScout's Terms of Use. If the Real Estate Professional wishes to cancel all or part of their subscription, you may cancel at any time on thirty (30) days advance written notice. There are no refunds upon termination. E-mail written notice to agent@HomeScout.com or mail it to HomeScout, ATTN: Agent Memberships, 1250 45th Street, Suite 200, Emeryville, CA 94608, or by fax to 1-510-655-0848. User shall be responsible for ensuring delivery of the cancellation notice to HomeScout. All fees or charges due to HomeScout up to the point of termination or cancellation shall remain payable to HomeScout.

Copyright and Trade Mark Notices

All contents of the HomeScout.com website are Copyright © 1999-2005 HomeScout.com, Inc. and or its suppliers, 1250 45th St. Emeryville, CA 94608 USA. All rights reserved, HomeScout is a service mark of HomeScout.com, Inc. Other product and company names may be trade or service marks of their respective owners.

LINK TO REAL ESTATE PROFESSIONAL’S WEBSITE.

Real Estate Professionals who register for HomeScout services, agree that HomeScout may link or otherwise drive traffic to that Real Estate Professional’s website from time to time in HomeScout's sole discretion.

DISCLAIMERS AND LIMITATIONS HomeScout intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, HomeScout may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." HomeScout AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE 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 HomeScout'S SERVICES IS AT YOUR OWN RISK. HomeScout AND/OR ITS SUPPLIERS, 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 HomeScout'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HomeScout AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Web site, you agree to indemnify HomeScout and its suppliers, distributors, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of HomeScout's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HomeScout OR HomeScout'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. HomeScout'S LIABILITY, AND THE LIABILITY OF HomeScout'S SUPPLIERS, TO YOU, THE REAL ESTATE PROFESSIONAL, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE REAL ESTATE PROFESSIONAL, PAY TO HomeScout IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, whichever is less. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

ERRORS AND DELAYS

HomeScout is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION Any claim or controversy arising out of or relating to the use of HomeScout's services, to the goods or services provided by HomeScout, or to any acts or omissions for which you may contend HomeScout is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Contra Costa county, California. 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 arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to HomeScout. In any arbitration, HomeScout will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in 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 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 HomeScout 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.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

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