1. Introduction and Agreement
2. Member Account and Member Website
You must provide accurate and complete information when registering your Member Account and using the Services, to which you are the sole and exclusive rights holder. You represent and warrant that:
- you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction.
- you are not a resident of (or will use the Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations.
- you own all rights in and to any content provided by you ("Member Content"), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials ("Content"), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Member Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Member Content;
- you will fully comply with all applicable laws and agreements which govern your use of the Services.
Further, you acknowledge and agree that we shall determine the means, manner, and method for performing the Services, including those regarding the hosting, transmission, publication and/or display of any Member Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto). In addition, you acknowledge that neighborhoods are not subject to a generally accepted definition but are subject to individual interpretation. Also, neighborhoods as shown on the Member Website are not necessarily "subdivisions" and neighborhoods are not available for every city in the U.S. You may find deviations between what is shown and what you might personally expect.
You undertake and agree NOT to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any of the Sites, the Services (or any part thereof), any Content offered by us or Third-Party Services for use and display within Member Websites ("Licensed Content") except as expressly permitted under this Agreement.
- publish and/or make any use of the Services or Licensed Content on any website, media, network, or system other than those provided by us, and/or frame, "deep link", "page scrape", mirror and/or create a browser or border environment around any of the Services, Licensed Content and/or Member Website (or any part thereof).
- use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our name or our Marks and/or variations and misspellings thereof.
- impersonate any person or entity or provide false information on the Services and/or Member Website, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other Visitors or Members.
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, your Member Website, your business, your Member Products, or any statement you make.
- reverse look-up, trace, or seek to trace another Member of Services, or otherwise interfere with or violate any other Member's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services and/or Member Website without their express and informed consent.
- disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the Services, Member Website, the account of another Member or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means.
- probe, scan, or test the vulnerability of the Services or any network connected to the Services.
- upload to the Services and/or Member Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
- take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Services, or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
- use any of the Services and/or Member Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising.
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Services, except as expressly permitted by this Agreement.
- remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©] or trademarks [® or ™] contained in or accompanying the Services and/or Licensed Content.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you may result in the immediate termination of your Member Account and/or any Services provided to you - with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3. Content and Ownership
As between us and you, you shall own all intellectual property pertaining to your Member Content, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials created by you. You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable right, and license to use your Member Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified under this Agreement.
All right, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to us.
Subject to your full compliance with this Agreement and timely payment of all applicable Fees, we hereby grant you, upon creating your Member Account and for as long as we provide you with the Services, a non-exclusive, non-transferable, non-sub-licensable, fully revocable, limited license to use the Services and Licensed Content, for the purpose of accessing and using the Services and generating and displaying your Member Website, solely as expressly permitted under the terms of this Agreement, and solely within the Services.
5. Affiliated Business Referrals
HomeScout may refer you to its affiliate Moxie Consulting, LLC , "Moxie," for lead generation marketing.
6. Services and Payment
HomeScout will provide websites to you that allow you to complete/perform certain real estate related operations.
The use of certain Services may be subject to payment of additional fees ("Paid Services" and "Fees"). We will provide notice of such Fees then in effect for such Paid Services. We may change such Fees at any time, upon notice to you. If you received a discount or other promotional offer, your subscription to such Service(s) shall be automatically renewed at the full applicable Fee.
For details on “Services” provided reference https://homescout.xome.com/pages/products
- FEES. All Fees shall be paid in U.S. Dollars. You shall be responsible for payment of all applicable taxes relating to your use of the Services ("Taxes").
- PAYMENT. You authorize us (either directly or through our affiliates, subsidiaries or other third parties) to collect payment (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we or our subsidiaries or affiliates may consider necessary to validate your designated payment account or financial information.
- AUTOMATIC RENEWAL. The Services will automatically renew on a recurring-fees basis for a renewal period equal in time to the original subscription period unless terminated by either party in writing at least thirty (30) days prior to the expiration of the then-current term. You will be automatically charged the applicable Fees for such Services using the payment method you have on file with us.
- CANCELLING PAID SERVICES. You shall be solely responsible for the discontinuation of any Services purchased by you. Certain services purchased on or through the Services may be non-refundable. These include Third Party Services such as domains, business tools and applications.
- CHARGE BACKS. If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (collectively, a "Chargeback"), this will constitute a breach of your payment obligations hereunder, your use of the Services may be automatically terminated, your Member Account may be blocked and any data contained in such Member Account may be subject to cancellation and Capacity Loss (as defined in below). If you have any questions or concerns regarding a payment made to us, we encourage you to first contact our Customer Service at support@HomeScout.com before filing a Chargeback.
- CANCELLATION AND FAILURE TO COMPLY. You may cancel your Member Account and/or any Services at any time, in accordance with the instructions available on the applicable Site(s) provided, however, that (i), no refund will be made for a prepaid annual arrangement and (ii) a one-month fee will be assessed for a prepaid monthly arrangement. Failure to comply with any of the terms of this Agreement and/or to pay any Fee when due may result in cancellation or suspension of your Member Account and Member Website (or certain features thereof), as well as the provision of any related Services or Third-Party Services to you.
7. Loss of Data, Content and Capacity Upon Cancellation
If your Member Account or any Services or Third-Party Services related to your Member Account are cancelled, such cancellation may cause or result in the loss of certain content, features, or capacity of your Member Account, including any Member Content, visitor or user data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (collectively, "Capacity Loss"). We shall have no liability or responsibility for any Capacity Loss.
8. Third Party Services
The Services may enable you to engage and procure certain third party services and tools for enhancing your Member Website and your overall user experience, including domain registrars from which you may purchase a domain name for your Member Website, third party applications and widgets offered via the Site(s), third party Licensed Content, media distribution services, third party designers who may assist you with your Member Website, etc. (collectively, "Third Party Services"). We shall have no liability or responsibility for any Third-Party Services. We reserve the right, at any time and in our sole discretion, to suspend, disable access to or remove from your Member Account, Member Website(s) and/or the Services, any Third-Party Services without any liability to you or to any of your visitors or users.
9. Copyrights and DMCA
We respect the intellectual property rights of others; we act in accordance with our interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify Customer Service of such infringement by phone: 888-774-6386 or email: support@HomeScout.com. If we receive notice regarding a copyright infringement related to your Member Account or Member Website, we may cancel your Member Account, take your Member Website down or remove any Content in our sole discretion, with or without prior notice to you. In such case, you may file an appropriate counter-notice in accordance with Section 512 of the DMCA,
10. Disclaimer of Warranties
We provide the Sites and the Services on an "as is," "where is," "with all faults" and "as available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. We specifically do not represent or warrant that the Sites or Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your visitors or users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your visitors or users or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Notwithstanding anything to the contrary contained herein, under no circumstances may we be considered as a "publisher" of any Member Content, and we do not in any way endorse any Member Content or assume any liability for any Member Content uploaded, posted, published and/or made available by any Member or any other party on and/or through the Services. You acknowledge that (1) there are risks in using the Services and/or connecting and/or dealing with any Third-Party Services in connection with Services, (2) we cannot and do not guarantee any specific outcomes from such use and/or interactions, and (3) you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions.
11. Limitation of Liability
To the fullest extent permitted by law, we, our officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or any other information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) the use or display of any Content or Member Content posted, emailed, transmitted, or otherwise made available via the Services; and/or (6) events beyond our reasonable control, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (1) your violation of any term of this Agreement or any other terms applicable to your use of or access to the Site(s) or the Services; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your Member Website or Member Content and/or your use of the Services; and/or (3) any other claim that your Member Website and/or Member Content caused damage to a third party.
Changes and Updates: We may change, suspend, or terminate any of the Services (or any features thereof, or prices therefor), at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner - except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may cancel your Member Account, continue to support your then-current Services without enabling such changes, or provide you with alternative Services.
Governing Law: This Agreement, the rights and remedies provided hereunder shall be governed by, construed in accordance with the laws of the State of Texas, without respect to any conflict of law principles.
Jurisdiction: Any and all claims and disputes under this Agreement shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Austin, Texas. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site(s), Member Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
Headings: Any heading, caption, or section title here is provided only for convenience and shall not be used to interpret any section or provision hereof.
Choice of Language: The terms of this Agreement were written in English. If a translated (non-English) version of this Agreement conflicts in any way with their English version, the provisions of the English version shall prevail.
Relationship: This Agreement, your access to the Site(s), and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between us and you.
Entire Agreement: This Agreement and any other legal or fee notices provided to you by us, shall constitute the entire agreement between us concerning the subject matter hereof and all prior understandings shall be deemed merged herein.
Assignment: You may not assign or transfer any of your rights and obligations hereunder.
Severability; No Waiver: If any provision of the Agreement is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of any of the remaining provisions of this Agreement. No Waiver of any breach or default of any of the terms of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
14. Contact Us
To get in touch with our Customer Service - please use any of the options listed below:
Telephone Number: 888-774-6386
Support Portal: https://help.homescout.com
Address: 10800 Pecan Park Blvd Suite 310 Austin, Texas 78520