Terms of Use for
FunHomeFinder.com
FunHomeFinder.com 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 FunHomeFinder.com and/or use of FunHomeFinder.com 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
FunHomeFinder.com service, and Real Estate Professional expressly represents
that all such permissions have been obtained.
Fees and Registration
Requirements for Real Estate Professionals
FunHomeFinder.com 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.
FunHomeFinder™
The FunHomeFinder™
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 FunHomeFinder.com clicks on the city name "Dallas" to find
listings, you are charged the previously agreed upon 'per visit' rate for your
market. At FunHomeFinder.com you charge the amount of visits to your website up
front. Each visit is subtracted from the remaining amount in your
FunHomeFinder.com account until your pre-purchased visits are exhausted. To sign
up for this service, a Real Estate Professional is required to supply a valid
credit card.
Payment of
Charges:
A. On Time Payment
A. Credit card transactions
require an acceptable and currently working credit card number.
FunHomeFinder.com may terminate or disable Real Estate Professional’s account if
Real Estate Professional fails to pay any amount due to FunHomeFinder.com when
due. If the credit card expires or otherwise declines payment, access to
FunHomeFinder.com can be modified or suspended. Each time FunHomeFinder.com
services are used, the Real Estate Professional affirms that FunHomeFinder.com
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
FunHomeFinder.com 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
Billing for FunHomeFinder.com shall be
process through our main company accounts at msWoods Real Estate, LLC in
Indianapolis, IN. In the future, this could change if we separate
FunHomeFinder.com into a separate company. Real Estate Professional’s complete
billing address and telephone number must be provided to process payments.
FunHomeFinder.com 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 FunHomeFinder.com 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. FunHomeFinder.com 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 FunHomeFinder.com 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, FunHomeFinder.com, 4111 Wythe Ln, Indianapolis, IN 46250 delivered
by United States mail or by fax to 317-290-4501.
Obligations of
Real Estate Professionals Registered with FunHomeFinder.com
By
completing your registration with FunHomeFinder.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
FunHomeFinder.com services;
b. All information you submit to
FunHomeFinder.com or pursuant to a FunHomeFinder.com 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
FunHomeFinder.com 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 FunHomeFinder.com
service;
e. You agree to be contacted via Email by FunHomeFinder.com, and
third parties if relevant, regarding FunHomeFinder.com
services;
f. You will not use or attempt to use any facility
provided by FunHomeFinder.com 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 FunHomeFinder.com supplied leads to any other person;
i. You
will not take any action that may undermine the integrity of any
FunHomeFinder.com User initialed feedback system, including, without limitation:
supplying inaccurate information to, or accessible by, any of the
FunHomeFinder.com services.
j. FunHomeFinder.com reserves the right to
terminate the participation of any Real Estate Professional whose feedback
rating falls below a minimum level set by FunHomeFinder.com, at
FunHomeFinder.com sole discretion;
k. You will not use any
FunHomeFinder.com User feedback rating system that may be available from time to
time for any purpose other than to facilitate promotion of information among
FunHomeFinder.com 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 FunHomeFinder.com 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 FunHomeFinder.com permission to
e-mail or display your Profile and such other information as may be supplied by
you to FunHomeFinder.com on or from FunHomeFinder.com website (www.FunHomeFinder.com)and such other partner and affiliate websites as FunHomeFinder.com shall deem advisable in its sole
determination for marketing purposes;
n. You will utilize any
FunHomeFinder.com 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 FunHomeFinder.com and FunHomeFinder.com 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
FunHomeFinder.com Services
FunHomeFinder.com 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. FunHomeFinder.com shall not be liable to any User or any
third party should FunHomeFinder.com exercise its right to modify or discontinue
service.
TERMINATION
FunHomeFinder.com 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
FunHomeFinder.com Terms of Use.
CANCELLATION & REFUND
POLICY
If the
Real Estate Professional wishes to cancel all or part of their subscription, you
may cancel at any time and receive a refund of the remaining balance in your
account (unused portion of the money deposited for future visits to your
website). There are no refunds upon termination or
cancellation for charges for visits that have already occurred. E-mail written
notice to agent@FunHomeFinder.com or mail it to
FunHomeFinder.com, ATTN: Agent Memberships, 4111 Wythe Ln. Indianapolis, IN
46250. or by fax to
1-317-290-4501. User shall be responsible for ensuring delivery of the
cancellation notice to FunHomeFinder.com. All fees or charges due to
FunHomeFinder.com up to the point of termination or cancellation shall remain
payable to FunHomeFinder.com.
Copyright and Trade Mark Notices
All contents of the FunHomeFinder.com.com website are Copyright © 2006 msWoods
Real Estate, LLC. and or its suppliers, 4111 Wythe Ln,
Indianapolis, IN
46250, USA. All rights reserved,
FunHomeFinder.com is a service mark of msWoods Real Estate, LLC. 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 FunHomeFinder.com services, agree that
FunHomeFinder.com may link or otherwise drive traffic to that Real Estate
Professional’s website from time to time in FunHomeFinder.com sole discretion.
DISCLAIMERS AND LIMITATIONS
FunHomeFinder.com intends
that the information contained in its Web site be accurate and reliable;
however, errors sometimes occur. In addition, FunHomeFinder.com 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." FUNHOMEFINDER.COM 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 FUNHOMEFINDER.COM SERVICES IS AT
YOUR OWN RISK. FUNHOMEFINDER.COM 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
FUNHOMEFINDER.COM 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 FUNHOMEFINDER.COM 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
FunHomeFinder.com 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 FunHomeFinder.com 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
FUNHOMEFINDER.COM OR FUNHOMEFINDER.COM 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.
FUNHOMEFINDER.COM LIABILITY, AND THE LIABILITY OF FUNHOMEFINDER.COM 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 FUNHOMEFINDER.COM 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
FunHomeFinder.com 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 FunHomeFinder.com services, to the goods or services provided by
FunHomeFinder.com, or to any acts or omissions for which you may contend
FunHomeFinder.com is liable, including but not limited to any claim or
controversy ("Dispute"), shall be finally, and exclusively, settled by
arbitration in Marion county, Indianapolis, Indiana. 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 FunHomeFinder.com. In any arbitration,
FunHomeFinder.com 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 Indiana. 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 FUNHOMEFINDER.COM 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 Indiana, 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.
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