TERMS OF USE

2.1. SERVICES OVERVIEW

Houzeo is a Flat Fee MLS platform and real estate marketplace designed to empower For Sale By Owner (FSBO) sellers. We offer a suite of tools and resources to help homeowners list and sell their properties directly, saving thousands in traditional agent commissions.

By providing access to the Multiple Listing Service (MLS) and a user-friendly platform, Houzeo simplifies the home selling process and allows sellers to connect with potential buyers efficiently.

2.2. REGISTRATION & ELIGIBILITY

To register, provide:

1. First Name
2. Last Name
3. Email ID
4. New Password

When registering, ensure your information is accurate, current, and complete. You agree to not sell, transfer or assign your account while keeping your account details private and report any unauthorized use.

You must be of legal age and competence to enter into agreements. Minors under 18 years of age can use our Services with guardian consent. You agree to follow these Terms of Use and all laws, rules, and regulations applicable to your use of our Services. You may use our Services only if you are legally eligible to do so.

2.3. PLAN PRICING UPDATES

We reserve the right to modify the prices of our MLS listing plans at our discretion. Price adjustments may be influenced by various factors, including but not limited to market competition, inflation, our business investments, and operational costs.

Users will be notified of any changes in our pricing through appropriate channels, such as email notifications or updates on our website. The new prices will take effect immediately upon such notification unless otherwise specified.

By continuing to use our Services after any price change, you agree to the updated pricing. If you disagree with the revised prices, you may choose to discontinue your use of our Services.

2.4. PAYMENT GATEWAY

To pay for our Services, you'll use our third-party payment gateway. This gateway may ask for additional information to process your payment and may charge a small fee. You can pay with a debit card, credit card, or other options available. Please note that you'll also be subject to the payment gateway’s Terms and Conditions and Policies for all payment-related matters.

2.5. WEB PAGE CONTENT

The intellectual property rights encompassing all content and materials accessible through our Services, including text, images, audio, video, interfaces, information, data, and computer code, are either owned by Houzeo or licensed to us by third-party providers (collectively referred to as "Content"). Access to our Content is permitted solely through our Services.

You are prohibited from copying, modifying, selling, reproducing, distributing, republishing, displaying, posting, creating derivative or collective works from, or transmitting our Content, whether in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion.

2.6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Houzeo, our affiliates, our directors, officers, employees, and agents (collectively, "Parties") from any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and interest) arising from your breach or non-performance of any representation, warranty, covenant, or agreement under these Terms of Use.

Additionally, you agree to hold us harmless against any third-party claims related to:

1. Your use of our Services;
2. Your violation of these Terms of Use;
3. Your violation of any rights of another;
4. Your alleged improper conduct under these Terms of Use;
5. Your conduct in connection with our Services.

You agree to fully cooperate in indemnifying us at your expense and not to settle any claims without our consent.

Under no circumstances shall we be liable for any special, incidental, indirect, consequential, or punitive damages, including loss of use, data, or profits, arising from your use of our Services, whether or not such damages were foreseeable, we were advised of the possibility of such damages, or based on any theory of liability.

2.7. LIMITATION OF LIABILITY

Houzeo provides an online platform for listing real estate properties. By using our services, you acknowledge and agree to the following limitations and disclaimers:

1. Connectivity and Technical Issues: We are not responsible for any consequences arising from connectivity errors related to internet issues such as slow connectivity, no connectivity, or server failure.
2. Data Entry and Deletion: We are not liable for any incorrect information or data entered by you, or any deletion of data.
3. Email Communication: We are not responsible for delays or issues in email communication.
4. Service Deficiencies: We are not liable for any deficiencies or defects in the Services managed by us.
5. Service Functionality: We are not responsible for failures in the functioning of any other service we provide.
6. Errors and Omissions: We accept no liability for any errors or omissions, or any damage to you, your belongings, or any third party resulting from the use or misuse of our Services. The Service and any content or material displayed on the Service are provided without guarantees, conditions, or warranties regarding accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the website.
7. Compliance with Laws: You must comply with all applicable laws and policies, which are incorporated into these Terms of Use by reference.
8. Unforeseeable Loss or Damage: We expressly exclude any liability for any loss or damage not reasonably foreseeable by us, including loss of profits, and any loss or damage resulting from your breach of these Terms of Use.
9. Extent of Liability: To the fullest extent permitted by law, we shall not be liable for any loss or damage, regardless of the form of action or basis of any claim. Your sole and exclusive remedy for any dispute with us shall be discontinuance of your use of our Services.

2.8. TERMINATION

We reserve the right at our sole discretion, to unilaterally terminate your access to our Services, or any portion thereof, at any time, without notice or cause. This action may be taken in the following circumstances:

1. Violation of Terms: If you are found to be in breach of any of these Terms of Use or the Privacy Policy.
2. Provision of False Information: If you have provided any wrong, inaccurate, incomplete, or incorrect information.
3. Harmful Actions: If your actions may cause any harm, damage, or loss to other users or Houzeo, as determined at our sole discretion.

Such termination shall not limit our right to take any other action against you that we deem appropriate. These measures are intended to protect the integrity and security of our Services, ensuring a safe and respectful environment for all users. We appreciate your understanding and cooperation in adhering to these guidelines. You shall continue to be bound by these Terms of Use, and it is expressly agreed by you that you shall not have the right to terminate these Terms of Use until you continue to access and use our Services.

2.9. COMMUNICATION

By using our services, you consent to receive electronic communications via calls, emails, or SMS from us or our representatives at any time, as outlined in our Privacy Policy. Please refer to our Privacy Policy for more details.

Our services may provide web forms, links, or contact details, including phone numbers, for connecting with us, real estate agents, and third-party providers. These communications may be facilitated through a third-party service ("Communications Service").

For quality assurance, training, or customer service purposes, calls may be recorded or monitored. You will be notified before any call recording or monitoring begins. By using our Services, you consent to such recording and monitoring by us or the Communications Service.

Additionally, we use the Communications Service to monitor phone calls and text messages between you and real estate professionals, enabling access to specific contact details. During this process, both we and the Communications Service will promptly receive and retain data about your call or text message, including the date, time, phone number, and message content.

If you notice any discrepancies with our website or content-related information, please report them to legal@houzeo.com. We will investigate and take necessary action, with resolution time depending on the investigation's duration.

You also agree that we may contact you regarding any services you've availed on our platform and indemnify us from any harassment claims. Your information will be governed by our Privacy Policy.

3.1 Intellilist Listing Management

Account Information.

• Ensure that your name, email address, and provided information are valid and kept up-to-date to maintain accurate records and communication channels.
• Use genuine credentials and avoid creating accounts with fictitious identities to promote transparency and authenticity within the platform.
• It's crucial to maintain the confidentiality of your account to prevent unauthorized access and notify us immediately if you detect any suspicious activity. We reserve the right to close accounts that violate our terms or for any other valid reason.

Listing Requirements.

• Listings shall include complete addresses to authenticate properties and enhance listing quality for potential buyers.
• Listings shall have a street number included. You may utilize syndication services to exercise your right to opt out of the online display of addresses.
• Incomplete or inaccurate listings may be removed without prior warning to maintain the quality and integrity of our platform.

Usage Limitations.

• Services are limited to residential real estate only.
• Use of Services for promoting commercial real estate, including commercially zoned properties, timeshares, vacation rentals, fractional ownership properties, etc., is prohibited.

Claiming Listings.

• If you mistakenly claim a listing, promptly release it to avoid confusion and ensure accurate ownership.
• Contact the data feed source directly to cancel any incorrectly claimed listings to maintain data accuracy.
• If you notice that someone has erroneously claimed a listing, please inform our support team at support@houzeo.com for resolution.

Content Restrictions.

• Self-promotional content in your listings, and professional profiles, such as agent names, company details, logos, and contact information, especially in listing photos or video walkthroughs is prohibited.
• Refrain from including personal contact details like phone numbers, email addresses, website URLs, promotional slogans, or offers in your profile photos or names to maintain a professional and compliant environment.

Public Display and Promotion.

• By submitting listings on our website, you agree to make them publicly visible and accessible to potential buyers.
• We may use your listings for promotional purposes on our website to enhance visibility and reach within the real estate market.

FSBO Information.

• Only property owners can advertise as FSBO and must use a valid consumer account. Verification may be required, and listings may be removed if ownership cannot be confirmed. FSBO is not allowed if represented by an agent.
• Houzeo is not responsible for the accuracy of the FSBO information provided.

Service Availability and Regional Limitations.

• The availability of specific Services may vary depending on the region or jurisdiction.
• Houzeo does not guarantee that all Services will be accessible or operational in every region.
• Houzeo shall not be held liable for any direct or indirect consequences arising from the unavailability of Services or any regional restrictions.
• Clients should review the availability of Services before engaging with Houzeo.

3.2. Showings

Both buyer and seller must adhere to certain guidelines during property showings to ensure privacy, security, accuracy of information, effective communication, compliance with health and safety standards, vigilance against scams, and mutual respect. Non-compliance may result in penalties, including suspension or termination of account privileges. To prevent fair housing violations, users must strictly comply with all applicable federal, state, and local fair housing laws. Discriminatory practices based on race, color, religion, sex, disability, familial status, national origin, or any other protected characteristic are strictly prohibited. Any reported violations may result in immediate suspension or termination of account privileges, and users may be subject to legal action. Houzeo will not be liable for any actions resulting from users' fair housing violations. Additionally, Houzeo disclaims any liability for actions resulting from issues related to the showings product, including but not limited to risks associated with property visits, data inaccuracies, damage caused to the property during showings, or other unforeseen circumstances.

Seller Acknowledgment:

• Privacy & Security: Exercise caution to prevent privacy breaches during open houses and showings. Secure sensitive items and valuables before allowing unfamiliar individuals into your property.
• Communication: Engage with serious, financially qualified buyers and provide relevant information while they assess the property.
• Health Guidelines: Adhere to health and safety guidelines during pandemics or health risks.
• Accurate Information: Ensure all property information is accurate to avoid misrepresentation.
• Scam Awareness: Stay vigilant to avoid scams such as identity theft or financial fraud during showings.
• Report Suspicious Activity: Notify Houzeo of any suspicious behavior immediately.

Buyer Acknowledgment:

• Discretion: Limit sharing of sensitive information during showings.
• Genuine Interest: Show genuine interest and respect the seller's time to avoid inconveniences.
• Health Guidelines: Follow health and safety guidelines during pandemics or health risks.
• Due Diligence: Conduct thorough checks as the actual property condition may differ from online listings.
• Scam Awareness: Be cautious to avoid scams, including identity theft or financial fraud during showings.
• Scheduling: Acknowledge the challenges of scheduling showings and maintain flexibility and communication to minimize inconveniences.
• Report Suspicious Activity: Notify Houzeo of any suspicious behavior immediately.

3.3. Digital Transaction Management

Houzeo’s Digital Transaction Management System aims to remove the friction between users, tasks, documents, and data. It provides real-time status updates and clear guidance on the next steps to the user i.e., the seller or the buyer. To deliver this service, Houzeo sends notifications to keep users informed.

Houzeo disclaims any liability for losses or damages arising from the use of the Digital Transaction Management System, including missed notifications, data inaccuracies, or technical failures. Users are responsible for managing and mitigating these risks by actively monitoring their transactions and maintaining accurate information.

As per Section 2.9 of our Terms of Use, you consent to receive notifications from us including status updates and clear guidance on the next steps of your transaction. Please refer to our Privacy Policy for more details.

Additionally, we use the Communications Service to monitor phone calls and text messages between you and real estate professionals, enabling access to specific contact details. During this process, both we and the Communications Service will promptly receive and retain data about your call or text message, including the date, time, phone number, and message content.

3.4. Lead Management

We do not guarantee or warrant the products or services offered by any third-party providers, including but not limited to real estate brokers/agents, Lenders, and escrow/settlement companies. We prioritize the security and privacy of customer information, ensuring that such data is never sold to third parties.

Your use of our Services serves as your understanding, agreement, and acknowledgment that we are not liable in any way for the products offered by these third-party websites or businesses. We allow third-party vendors (such as real estate agents) to create accounts on our website so they may advertise their pricing.

We strive to be transparent and fair in conducting our business. When users request referrals to third parties, we may collect a referral fee.

3.5. Houzeo Mobile App

To utilize our mobile application, you will need a compatible mobile device. While we strive to ensure broad compatibility across different devices, we cannot guarantee that our App will function seamlessly on every device. Please note that using the App may incur additional charges from your wireless provider for data usage.

We reserve the right to update our App and may automatically install these updates on your device. By using the App, you consent to these updates.

Any open-source software integrated into the App is subject to its respective open-source license.

If you are using our App on an iOS device, it's important to understand that our agreement is with you, not Apple. Apple bears no responsibility for our App or its performance. For any refunds related to the App, please contact Apple directly.

You agree to comply with the terms and conditions of any third-party services used in conjunction with our App. We may collect and use your data as outlined in our Privacy Policy. Apple and its affiliates have the authority to enforce certain provisions of this agreement. Additionally, you confirm that you are not located in a country subject to U.S. government embargoes or restricted party lists.

3.6. Houzeo Offers

Using our real estate services involves inherent risks. Sensitive personal information may be susceptible to unauthorized access or data breaches despite our security measures. The process of buying or selling a home can be emotionally taxing for both buyers and sellers, as it often involves negotiations, potential setbacks, and market uncertainties.

It's crucial to approach the offer process mindfully. Buyers should be aware that their preferred property might change, leading to offer modifications or cancellations. Sellers may receive multiple offers and must carefully evaluate various factors before accepting. Market conditions can fluctuate, impacting property values and the overall deal.

To prevent misunderstandings, buyers and sellers should differentiate between offers and appraisals. Offers represent a potential buyer's proposed terms, while appraisals are independent property valuations. Houzeo is not responsible for any confusion between the two.

Additionally, Houzeo reserves the right to restrict offer availability in certain areas due to market conditions, regulations, or operational limitations. Users should verify if their property is eligible for offers through our platform.

3.7. Inspections and Appraisers

Houzeo provides tools to facilitate the scheduling and management of property inspections and appraisals. Houzeo facilitates property transactions but does not conduct inspections/appraisals or guarantee their results. Houzeo is not responsible for any errors or accuracy in these services. When utilizing Houzeo’s services for property transactions, you agree to the following:

1. Property Damage. Any damage caused to the property during an inspection/appraisal is the responsibility of the parties involved in the transaction. Houzeo is not liable for such damages.
2. Inspection/Appraisal Reports. The reports provided are for informational purposes only. Houzeo does not verify the accuracy or completeness of these reports and is not responsible for any errors or omissions.
3. Repairs and Maintenance. The responsibility to conduct repairs as indicated in the inspection report lies solely with the property owner or seller. Houzeo does not mandate or ensure any repairs are completed.
4. Fluctuation in Market Value. Houzeo is not responsible for any variations in property value due to market dynamics that occur after the appraisal.

By using Houzeo’s services, you acknowledge and accept these terms, understanding that Houzeo’s role is limited to providing a platform for real estate transactions and facilitating inspection scheduling, but not guaranteeing the outcomes or handling issues related to property inspections or appraisals.

3.8. Closing Process

Houzeo provides tools and services to facilitate real estate transactions, including the closing process. However, users should be aware that various challenges can arise during this phase. By using Houzeo’s services, you agree to the following terms:

• Scope of Liability: Houzeo shall not be liable for any issues or complications arising during the closing process. This includes, but is not limited to, matters related to property appraisals, inspections, documentation, contractual contingencies, representations, mortgage approvals, property taxes, scheduling, and attendance requirements.
• User Responsibility: It is the responsibility of the involved parties to ensure that all aspects of the closing process are handled appropriately and in compliance with relevant laws and regulations. This includes addressing any issues promptly and ensuring all conditions are met.
• Accuracy and Completeness: Users must ensure the accuracy and completeness of all documents and information provided during the transaction. Houzeo does not stand responsible for any issues relating to the accuracy of inspection reports or other documentation and disclaims liability for any errors or omissions.
• Communication and Scheduling: Houzeo provides tools to facilitate communication and scheduling but is not liable for any miscommunication or scheduling issues and is solely the responsibility of the parties involved in the transaction.
• Compliance with Local Laws: Users must comply with all applicable local, state, and federal laws, including attendance requirements for closings. Houzeo disclaims liability for any non-compliance issues.

By using Houzeo’s services, you acknowledge and agree that Houzeo is not liable for any issues that may arise during the closing process. It is the responsibility of the users to manage and address these matters effectively.

3.9. Home Worth Calculator

The Home Worth Calculator service provided by Houzeo is intended solely for informational purposes and should not be construed as an appraisal or offer for the purchase or sale of any property. The estimated home values generated by the Calculator are based on various data inputs and methodologies that are subject to change and may not reflect current market conditions or the specific characteristics of any individual property. Houzeo makes no representations or warranties regarding the accuracy, reliability, or completeness of the home value estimates provided by the Home Worth Calculator. The estimated values are subject to variation. Houzeo shall not be liable for any loss or damage arising from reliance on the Home Worth Calculator estimates.