Terms of Use - Customer & Agent

Welcome to Homezini.com. This website is offered to you, the “User”, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. By accessing, browsing, and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. These Terms of Use are subject to change at any time, without prior notice.

What is Homezini.com?

Homezini.com is a real estate company that finds and connects you, the consumer, to real estate professionals that best match your needs. When you submit a request to find an agent to help you buy or sell real estate, we use your personal data, preferences, choices, and interests as well as real estate professional qualifications, actual MLS data from various MLS sources, and consumer reviews to match you with a select few agents who may best serve your needs in any desired location throughout the nation. Homezini.com does not broker real estate transactions. Our services are 100% free to our individual users if they use an approved agent in our network via our referral services. We are paid a referral fee by the real estate professional at the time of sale/closing of your property. The terms of any agreement between our participating real estate professionals, lenders, advertisers, etc and Homezini.com are not endorsed, recommended, or otherwise known to or by Homezini.com.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Homezini, LLC. or or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Homezini.com and protected by U.S. and international copyright laws. All software used on this site is the property of Homezini, LLC. or its software suppliers and protected by United States and international copyright laws.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

The Intellectual Property is provided solely for your personal, non-commercial use, unless otherwise approved in writing by Homezini. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) from this Website without Homezini.com’s express prior written consent. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.

No Warranties

WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AGENTMACHINE ’S SERVICES IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE BY THE USE OF THIS WEBSITE WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGENTMACHINE AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HOMEZINI.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS, BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Responsibilities of Participating Real Estate Agent Professionals

In using our services as a registered real estate professionals with Homezini.com, you warrant and agree to the following:
  • You are a real estate salesperson or broker with a current and valid license, of legal age, and capable of forming a legally binding contract;
  • All information you submit to Homezini.com is true and complete and that you will maintain and promptly update your Profile or other Information supplied to Homezini.com or to Users;
  • You acknowledge that you have obtained your broker’s or other permission to use the Homezini.com’s service, if you are required to work or be employed under a broker;
  • As a Homezini.com real estate agent, you are not allowed to register or represent yourself as a prospective buyer or seller, even if your intention is to buy or sell property;
  • You will not use the lead information and details obtained through Homezini.com to locate, identify or directly contact a home seller or home buyer in any manner without first accepting the requested service type received from Homezini.com;
  • You have complied with all real estate licensing laws and have adequate and appropriate insurance coverage;
  • All information you submit to customers about your services is your responsibility and not Homezini.com’s offering of service;
  • You will provide customers with all information and notices legally required with all real estate licensing and regulatory requirements applicable to real estate agents;
  • Your products and services do not violate any applicable laws or regulations;
  • You must promptly maintain and update of any changes in your license status;
  • Homezini.com reserves the right to terminate the participation of any Real Estate Professional for any reason at Homezini.com’s sole discretion;
  • You agree to pay Homezini.com a referral fee of the greater of a) 0.60%, 60 basis points, of the gross contract sales price or b) 25% of the gross referred side commission based on the gross sales price 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) for all successful referrals (close of a qualified real estate transaction) that originate via Homezini.com’s Web site;
  • A Homezini.com client (referral) is any person, real estate buyer or seller who is introduced, sent, or referred to you by email, fax, or phone from Homezini.com real estate services;
  • If required, you will obtain the appropriate approval/authorization from all relevant governmental authorities and other parties in order to complete a Homezini.com referral and to pay the corresponding referral fee to Homezini.com;
  • You recognize that fraudulent usage of any service provided by Homezini.com real estate services may subject you to liability &/or termination from Homezini.

Responsibilities of Buyers & Sellers

In using our services as a real estate buyer &/or seller, you warrant and agree to:
  • You promise that all information you provide will be accurate, current, and truthful to the best of your knowledge including valid contact information.
  • You are interested in realty and/or loan services for buying and/or selling property
  • You expressly consent to being contacted by us and by our lenders and/or real estate professionals via the contact information provided by you in order that we may provide the services set forth on our site, and you hereby consent to any such calls even if your phone number is on any Do Not Call list.
  • You are of legal age and are otherwise capable of forming a legally binding contract.
  • You acknowledge that Homezini.com does not brokerage any loans or real estate services and is not an agent of you, or any participating lender, or real estate professional.
  • You acknowledge that Homezini.com makes no such representations, endorsements, recommendations and/or warranties of the products or services of any particular lender or real estate professional that may use the Homezini.com service as Homezini, LLC. has no direct affiliations to any other lending or real estate firms or agencies, and you agree that Homezini, LLC. shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.
  • You acknowledge that nothing on this website contains a binding offer, promise or otherwise, either to make a specific loan or that any participating lender or real estate professional will make any loan for any purpose or on any specific terms. Likewise, Homezini.com does not guarantee that the loan terms or rates offered and made available by participating Lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
  • You are not obligated to accept a loan offer that is presented to you from our lenders or view any profiles of real estate professionals. Our service is absolutely free, no obligation to you.
  • You acknowledge that posted users’ rankings, ratings, and reviews might not reflect the actual quality of service that you may receive from participating lenders and real estate professionals. Homezini.com disclaims any liability arising from and the accuracy of any users’ ratings and reviews.
  • You acknowledge that Homezini.com does not review or verify the information, offers, profile, or promotions that are self-reported by our participating lenders and real estate professionals and Homezini.com does not make representations or warrants that our participating lenders and real estate professionals are appropriately licensed, bankruptcy free, or carry any adequate and appropriate insurance at the time initial, presently, or thereafter the registration. You should independently use of all appropriate government, public, consumer and other agencies or sources to verify all matters.

Responsibilities of All Users and Service Providers

You are solely responsible for all acts or omissions that occur under your account or password, including the accuracy and completeness of all content that you (or anyone using your account) submit, post or transmit through the Services. You agree not to use the Services to do any of the following:
  • violate any local, state, national or international law;
  • stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications;
  • collect, harvest or store personal data about other users including email addresses or contact Sellers for any purpose other than responding to the content posted by such Sellers;
  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • interfere with or disrupt the Services or servers or networks connected to the Homezini.com Web site or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Homezini.com web site; and upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs, for example, worms, Trojan horses, cancelbots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; (e) surveys that have not been approved or cleared by us; or (f) contests or games of chance.

YOUR ACCOUNT, PASSWORD, AND SECURITY

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.

Indemnity

You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees and/or our suppliers, participating lenders, and real estate professionals, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of Homezini, LLC.’s services, to the goods or services provided by Homezini.com, or to any acts or omissions for which you may contend Homezini, LLC. is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration venue in Burnet county, Texas. 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 Homezini, LLC. In any arbitration, Homezini, LLC 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 there for. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Burnet County, Texas. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

TERMINATION

We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, or to terminate our relationship with you, with or without notice, for any reason or no reason.

GENERAL

This agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Burnet County, Texas, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Homezini.com as a result of this agreement or use of this Website. Homezini.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Homezini, LLC’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Homezini.com with respect to such use. If any part of this agreement is 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 this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Homezini, LLC. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Homezini.com with respect to this Web site. 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.

Last Updated: May 3, 2017
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