Welcome and thank you for your interest in America’s HomeLink. By clicking a registration or new account submission button, or by otherwise using our websites, networks, mobile applications, or other services provided by the America’s HomeLink Companies (collectively, the “Services”), or accessing any content provided by us through the Services, you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”).
The America’s HomeLink Companies, and the Services, may assist you in performing the various tasks in a real estate transaction. However, unless explicitly specified by the terms of use for a particular Service (each a “Product’s Terms”), THE SERVICES ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, the America’s HomeLink Companies may serve advertisements based on the information we collect through the Services. See our Privacy Policy for more details.
A. America’s HomeLink, LLC. assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services.
We operate the following affiliated brands, any use of any of the Services provided by the following affiliated brands is subject to these Terms of Use: (a) America’s HomeLink; Services offered by each of these companies may be subject to additional terms of use as available on their respective websites, networks, mobile applications, or otherwise.
You must be at least 18 years of age to use the services. by agreeing to these terms of use, you represent and warrant that:
To access some features of the services, you may be required to register for an account and agree to a product’s terms, to the extent applicable to that service, which may be incorporated herein or available on a separate america’s homelink companies site. when you register for an account, you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. you agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. when you register, you will be asked to provide a password. you are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. you may not share your user account(s) with others. unless you have entered into a commercial agreement with us permitting you to use the services for transactions on behalf of another person, you may use the services only for transactions on your own behalf.
A. Use of the Services. If you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
B. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
C. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use or Pro Use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, the aggregate level data provided on the www.americashomelink.com website (the “Aggregate Data”) may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), only so long as the America’s HomeLink Companies are cited as a source on every page where the Aggregate Data are displayed, including “Data Provided by America’s HomeLink Group.” Such citation may not include any of our logos without our prior written approval or imply any relationship between you and the America’s HomeLink Companies beyond that the America’s HomeLink Companies are the source of the Aggregate Data. You are prohibited from displaying any other America’s HomeLink Companies’ data without our prior written approval.
BY USING THE SERVICES, YOU AGREE NOT TO:
A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account, by contacting us at info@americashomelink.com
The Services are owned and operated by the America’s HomeLink Companies. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (the “America’s HomeLink Companies’ Materials”) that we provide are protected by intellectual property and other laws and are the property of the America’s HomeLink Companies or the America’s HomeLink Companies’ Third-Party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the America’s HomeLink Companies’ Materials, and the America’s HomeLink Companies reserve all rights to the America’s HomeLink Companies’ Materials and Services not granted expressly in these Terms of Use.
Intellectual Property Notices: Certain content on the Services is owned by ZIP+4 data and the United States Postal Service. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.
If you choose to provide input and suggestions regarding the Services, including related to any of the America’s HomeLink Companies’ Materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.
We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Notices of copyright infringement claims should be sent as follows:
By Mail: America’s HomeLink, LLC 1309 Coffeen Ave Suite 17287 Sheridan, WY 82801 Attention: Copyright Agent
By Email: info@americashomelink.com
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
Except as stated in any Product’s Terms, you may deactivate your account at any time by selecting “deactivate account” in your account settings. You can delete your account and all your account data by submitting a request to “delete your data by emailing info@americashomelink.com. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from the America’s HomeLink Companies to use the Services will terminate automatically. In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice. We may alter, suspend, or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of the Services. We reserve the right to change these Terms of Use at any time in its sole discretion on a going-forward basis, and we will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use and will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
A. Privacy Policy. The America’s HomeLink Companies will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult your Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
You agree to indemnify, defend, and hold harmless the America’s HomeLink Companies, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of:
The America’s HomeLink Companies reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with the America’s HomeLink Companies’ defense of that claim.
The america’s homelink companies provide the services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. to the maximum extent permitted by applicable law, the america’s homelink companies and our suppliers make no representations, warranties, or conditions, express or implied. the america’s homelink companies and our suppliers expressly disclaim any and all warranties or conditions, express, statutory, and implied, including without limitation:
No advice or information, whether oral or written, obtained by you through the services or any materials available through the services will create any warranty regarding any america’s homelink companies’ entity or the services that is not expressly stated in these terms of use. you assume all risk for any damage that may result from your use of or access to the services, your dealing with any other user, and any materials, including all user and america’s homelink companies’ materials, available through the services. you understand and agree that your use of the services, and use, access, download, or other obtainment of materials through the services and any associated sites or services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the services), or the loss of data that results from the use of the services or the download or use of those materials. some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
In no event will the america’s homelink companies or any of our affiliates be liable for any indirect, consequential, special, incidental, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of, based on, or resulting from these terms of use or your use or access, or inability to use or access, the services or any materials on the services, whether based on:
To the maximum extent permitted by applicable law, the america’s homelink companies assume no liability or responsibility for any:
The aggregate liability of the america’s homelink companies and any of our affiliates to you for all claims arising out of or relating to the use of, or inability to use, any portion of the services or otherwise under these terms of use, whether under contract, tort, or otherwise, is limited to the greater of: The amount you have paid to the america’s homelink companies for the services in the 12 months prior to the events or circumstances giving rise to the claims; or $100.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential damages. accordingly, the above limitations may not apply to you. each provision of these terms of use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. this allocation is an essential element of the agreement of the parties. the limitations in this section will apply even if any limited remedy fails its essential purpose.
These Terms of Use are governed by the laws of the State of Wyoming, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use. The America’s HomeLink Companies operate the Services from our offices in Washington, and we make no representation that the Services are appropriate or available for use in other locations.
You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and the America’s HomeLink Companies with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and the America’s HomeLink Companies with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 5-8, 10-12, and 14-22.
By using the Services, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read our Privacy Policy to learn more. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with the America’s HomeLink Companies or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by the America’s HomeLink Companies or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by us and the Communications Service. The information is subject to the Privacy Policy.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
The Services are offered by America’s HomeLink, LLC and its affiliates, located at 1309 Coffeen Ave Suite 17287 Sheridan, Wyoming you may contact the America’s HomeLink Companies by sending correspondence to that address or emailing info@americashomelink.com
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