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These Terms of Use (the "Agreement") govern the use of the HomeReach.com web site
(the "Site"). By registering to use the Site you, the user, agree to these Terms
of Use.
TERMS OF USE
1. You certify that you are an individual interested in buying or selling real estate
on your own behalf. You may not peruse or use the Site for the purpose of representing
yourself as an agent to any third party, or for any unlawful purpose. You guarantee
that all the information provided by you to HomeReach.com have been and will be
answered truthfully and to the best of your knowledge.
2. HomeReach.com is presently licensed to do business only in California. This Site
should not be understood to be a solicitation of business in states where HomeReach.com
is not licensed. If your inquiry is outside of California, HomeReach.com may forward
your request to any of its strategic affiliates who are licensed in your state.
Any and all listing fees and rebates may vary depending on the affiliate.
3. This agreement constructs an agency relationship between HomeReach.com and you.
This agency relationship is non-exclusive, until such time when you enter into a
written listing agreement or exclusive agency agreement with HomeReach.com. You
affirm that you have not entered into any agreement or informal arrangement with
a real estate agent or agency that would prevent you from entering into this agreement
with HomeReach.com.
4. Before collaborating with HomeReach.com or any real estate broker, you should
understand the various duties of a real estate broker. You affirm that you have
read and understood the Agency Disclosure information. You concur that HomeReach.com
is working simultaneously for a number of other clients and will show homes that
may be of interest to and meet the requirements of any and/or all clients.
5. BUYERS:
a. As a buyer, you are allowed to use the Site to search the property listings without
entering into an exclusive agency agreement with HomeReach.com. However, before
showing you any properties, HomeReach.com may require you to enter into a written,
exclusive agent/agency agreement with HomeReach.com.
b. Many of the homes that are displayed on the Site as available for sale are listings
of other real estate brokerage firms and are displayed to you based on your existing
housing requirements; these listings shall not be confused as being advertising
of other broker's properties.
c. Notice: The rate or amount of real estate commissions is not fixed by law. They
are set by each Broker individually and may be negotiable between Broker and Buyer
(real estate commissions include all fees and compensation to Broker).
d. You accede to hold harmless and indemnify HomeReach.com from any claims from
other real estate brokers who claim to have represented you in any transaction administered
through HomeReach.com.
6. SELLERS: In order to list a property with HomeReach.com, you will be required
to sign into a written listing agreement with HomeReach.com. If your property is
presently listed with another agent or broker, your use of the Site is not intended
to be a solicitation of your listing. HomeReach.com reserves the right to discard
any listing that HomeReach.com suspects may be inaccurate or fraudulent.
7. Any and all registration data and certain other information about you are kept
private for our internal use and our affiliates. Please review our
Privacy Policy.
8. You acknowledge that any electronically generated or printed messages sent to
you from HomeReach.com, whether in the form of general correspondence or property
listings requested by you, are to be used solely by you in buying or selling a home.
Listings may not be advertised, sold, or distributed. Listings are to be considered
the property of HomeReach.com.
9. The Site is controlled and operated by HomeReach.com. at 1608 India St. #104,
San Diego, CA 92101, telephone (619) 869-7800. All content on the Site, including,
but not limited to illustrations, images, video clips, and audio clips, is protected
by copyrights, service marks, or trademarks and other intellectual property rights
which are owned and controlled by HomeReach.com or by third party content providers,
sponsors, merchants, and licensors (collectively "Providers") that have licensed
their content or the right to market their products and/or services to HomeReach.com.
Such content may not be copied, uploaded, transmitted, reproduced, republished,
distributed, posted, and/or exploited in any way, including by e-mail or other electronic
means for commercial use. Without the prior written consent of HomeReach.com or
the Providers, modification of the content, use of the content on any other web
site or networked computer environment, or use of the content for any purpose other
than personal, non-commercial use is a violation of HomeReach.com and/or the Provider
copyrights, trademarks or service marks and other proprietary rights, and is prohibited.
HomeReach.com and/or its respective third-party providers reserve the right to modify
any or all contents of this Site without any notice.
10. YOU ACKNOWLEDGE THAT HOMEREACH.COM IS
PROVIDING THE SITE AND ITS CONTENTS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
KIND. HOMEREACH.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER
HOMEREACH.COM, ITS AFFILIATED OR RELATED
ENTITIES, NOR THE PROVIDERS, WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE
CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. You agree to defend, indemnify, and hold harmless HomeReach.com, its officers,
directors, employees, agents, affiliates, suppliers, licensors and of the Providers
from and against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation by you of these Terms of Use. Limitation of Liability:
You acquiesce that regardless of the form of any claim you may have under this Agreement
or real estate transaction on which we represent you or otherwise, HomeReach.com
and its affiliate's liabilities for any damages to you or to any other party shall
not exceed the fees earned by HomeReach.com or its affiliates under transaction
in question.
14. This agreement will begin when you check the "I have read and accept the Terms
Of Use" checkbox when you create an account. This Agreement will continue for a
period of ninety (90) days and shall automatically renew for successive ninety (90)
day periods unless terminated during the term. Either party may terminate this agreement
upon providing a 10-day written notice to the other party but no such termination
shall affect the rights, interests, and obligations of the parties.
15. These Terms of Use shall be governed by, enforced, and construed in accordance
with the laws of the State of California, as it is applied to agreements entered
into and to be performed entirely within such State. Any action brought to enforce
these Terms of Use or, in connection with, any matters related to this Site shall
be brought only in either the state or Federal Courts located in San Diego, California,
and you expressly consent to the jurisdiction of said courts. If any provision of
these Terms of Use shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms of Use and shall not affect
the enforceability and validity of any remaining provisions.
16. The terms and conditions of these Terms of Use represent the entire Agreement
between you and HomeReach.com and outweigh any prior agreements or understandings.
In the event inconsistencies arise between these Terms of Use and any future published
Terms of Use or understanding, the last published Terms of Use shall be enforced.
17. AGENCY DISCLOSURE INFORMATION IF THE BROKER REPRESENTS THE OWNER: The broker
becomes the owner's agent by entering into an agreement with the owner, usually
through a written listing agreement, or by agreeing to act as a subagent by accepting
an offer of subagency from the listing broker. A subagent is able to work in a different
real estate office. A listing broker or subagent can assist the buyer, but does
not represent the buyer and must place the interests of the owner first. The buyer
should not tell the owner's agent anything the buyer would not want the owner to
know because an owner’s agent must disclose to the owner any material information
known to the agent.
IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer's agent by entering into an agreement to represent
the buyer, usually through a written buyer representation agreement. A buyer's agent
can assist the owner but does not represent the owner and must place the interests
of the buyer first. The owner should not tell a buyer's agent anything the owner
would not want the buyer to know because a buyer's agent must disclose to the buyer
any material information known to the agent.
IF THE BROKER ACTS AS A DUAL AGENT IN CALIFORNIA:
In a dual agency, the broker represents both buyer and seller in the same transaction.
In the real estate industry, even if one salesperson in an office is working with
a buyer and another salesperson in the same office is working with the seller, the
broker of the real estate firm is considered a dual agent.
A broker who acts as a dual agent in a transaction:
(a) shall treat all parties with honesty;
(b) may not reveal that the owner will accept a price less than the asking price
unless authorized in writing to do so by the owner;
(c) may not reveal that the buyer will pay a price greater than the price submitted
in a written offer unless given permission in writing to do so by the buyer; and
(d) may not reveal any confidential information or any information that a party
specifically instructs the broker in writing not to disclose unless given permission
in writing to reveal the information or required to do so by State or Federal law
or a court order or if the information materially relates to the condition of the
property.
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