TERMS OF USE

2.10. COMMUNICATION

By using our services, you consent to receive electronic communications via calls, emails, or SMS from us or our representatives at any time, as outlined in our Privacy Policy. Please refer to Section 2.3 of these Terms of Use as well as our Privacy Policy for more details.

Our services may provide web forms, links, or contact details, including phone numbers, for connecting with us, real estate agents, and third-party providers. These communications may be facilitated through a third-party service ("Communications Service").

For quality assurance, training, or customer service purposes, calls may be recorded or monitored. You will be notified before any call recording or monitoring begins. By using our Services, you consent to such recording and monitoring by us or the Communications Service.

Additionally, we use the Communications Service to monitor phone calls and text messages between you and real estate professionals, enabling access to specific contact details. During this process, both we and the Communications Service will promptly receive and retain data about your call or text message, including the date, time, phone number, and message content.

By using the Sites, you acknowledge and provide All-Party Consent for Houzeo to use session-replay technologies. These tools record your interactions with the platform to improve functionality. This constitutes a waiver of any 'wiretapping' claims under state invasion of privacy laws

If you notice any discrepancies with our website or content-related information, please report them to legal@houzeo.com. We will investigate and take necessary action, with resolution time depending on the investigation's duration.

You also agree that we may contact you regarding any services you've availed on our platform and indemnify us from any harassment claims. Your information will be governed by these Terms of Use and our Privacy Policy.

3.1 Intellilist Listing Management

Account Information.

• Ensure that your name, email address, and provided information are valid and kept up-to-date to maintain accurate records and communication channels.
• Use genuine credentials and avoid creating accounts with fictitious identities to promote transparency and authenticity within the platform.
• It's crucial to maintain the confidentiality of your account to prevent unauthorized access and notify us immediately if you detect any suspicious activity. We reserve the right to close accounts that violate our terms or for any other valid reason.

Listing Requirements.

• Listings shall include complete addresses to authenticate properties and enhance listing quality for potential buyers.
• Listings shall have a street number included. You may utilize syndication services to exercise your right to opt out of the online display of addresses.
• Incomplete or inaccurate listings may be removed without prior warning to maintain the quality and integrity of our platform.

Usage Limitations.

• Services are limited to residential real estate only.
• Use of Services for promoting commercial real estate, including commercially zoned properties, timeshares, vacation rentals, fractional ownership properties, etc., is prohibited.

Claiming Listings.

• If you mistakenly claim a listing, promptly release it to avoid confusion and ensure accurate ownership.
• Contact the data feed source directly to cancel any incorrectly claimed listings to maintain data accuracy.
• If you notice that someone has erroneously claimed a listing, please inform our support team at support@houzeo.com for resolution.

Content Restrictions.

• Self-promotional content in your listings, and professional profiles, such as agent names, company details, logos, and contact information, especially in listing photos or video walkthroughs is prohibited.
• Refrain from including personal contact details like phone numbers, email addresses, website URLs, promotional slogans, or offers in your profile photos or names to maintain a professional and compliant environment.

Public Display and Promotion.

• By submitting listings on our website, you agree to make them publicly visible and accessible to potential buyers.
• We may use your listings for promotional purposes on our website to enhance visibility and reach within the real estate market.

FSBO Information.

• Only property owners can advertise as FSBO and must use a valid consumer account. Verification may be required, and listings may be removed if ownership cannot be confirmed. FSBO is not allowed if represented by an agent.
• Houzeo is not responsible for the accuracy of the FSBO information provided.

Service Availability and Regional Limitations.

• The availability of specific Services may vary depending on the region or jurisdiction.
• Houzeo does not guarantee that all Services will be accessible or operational in every region.
• Houzeo shall not be held liable for any direct or indirect consequences arising from the unavailability of Services or any regional restrictions.
• Clients should review the availability of Services before engaging with Houzeo.

3.2. Showings

Both buyer and seller must adhere to certain guidelines during property showings to ensure privacy, security, accuracy of information, effective communication, compliance with health and safety standards, vigilance against scams, and mutual respect. Non-compliance may result in penalties, including suspension or termination of account privileges. To prevent fair housing violations, users must strictly comply with all applicable federal, state, and local fair housing laws. Discriminatory practices based on race, color, religion, sex, disability, familial status, national origin, or any other protected characteristic are strictly prohibited. Any reported violations may result in immediate suspension or termination of account privileges, and users may be subject to legal action. Houzeo will not be liable for any actions resulting from users' fair housing violations. Additionally, Houzeo disclaims any liability for actions resulting from issues related to the showings product, including but not limited to risks associated with property visits, data inaccuracies, damage caused to the property during showings, or other unforeseen circumstances.

Seller Acknowledgment:

• Privacy & Security: Exercise caution to prevent privacy breaches during open houses and showings. Secure sensitive items and valuables before allowing unfamiliar individuals into your property.
• Communication: Engage with serious, financially qualified buyers and provide relevant information while they assess the property.
• Health Guidelines: Adhere to health and safety guidelines during pandemics or health risks.
• Accurate Information: Ensure all property information is accurate to avoid misrepresentation.
• Scam Awareness: Stay vigilant to avoid scams such as identity theft or financial fraud during showings.
• Report Suspicious Activity: Notify Houzeo of any suspicious behavior immediately.

Buyer Acknowledgment:

• Discretion: Limit sharing of sensitive information during showings.
• Genuine Interest: Show genuine interest and respect the seller's time to avoid inconveniences.
• Health Guidelines: Follow health and safety guidelines during pandemics or health risks.
• Due Diligence: Conduct thorough checks as the actual property condition may differ from online listings.
• Scam Awareness: Be cautious to avoid scams, including identity theft or financial fraud during showings.
• Scheduling: Acknowledge the challenges of scheduling showings and maintain flexibility and communication to minimize inconveniences.
• Report Suspicious Activity: Notify Houzeo of any suspicious behavior immediately.

3.3. Digital Transaction Management

Houzeo’s Digital Transaction Management System aims to remove the friction between users, tasks, documents, and data. It provides real-time status updates and clear guidance on the next steps to the user i.e., the seller or the buyer. To deliver this service, Houzeo sends notifications to keep users informed.

Houzeo disclaims any liability for losses or damages arising from the use of the Digital Transaction Management System, including missed notifications, data inaccuracies, or technical failures. Users are responsible for managing and mitigating these risks by actively monitoring their transactions and maintaining accurate information.

As per Section 2.10 of our Terms of Use, you consent to receive notifications from us including status updates and clear guidance on the next steps of your transaction. Please refer to our Privacy Policy for more details.

Additionally, we use the Communications Service to monitor phone calls and text messages between you and real estate professionals, enabling access to specific contact details. During this process, both we and the Communications Service will promptly receive and retain data about your call or text message, including the date, time, phone number, and message content.

3.4. Lead Management

We do not guarantee or warrant the products or services offered by any third-party providers, including but not limited to real estate brokers/agents, Lenders, and escrow/settlement companies. We prioritize the security and privacy of customer information, ensuring that such data is never sold to third parties.

Your use of our Services serves as your understanding, agreement, and acknowledgment that we are not liable in any way for the products offered by these third-party websites or businesses. We allow third-party vendors (such as real estate agents) to create accounts on our website so they may advertise their pricing.

We strive to be transparent and fair in conducting our business. When users request referrals to third parties, we may collect a referral fee.

3.5. Houzeo Mobile App

To utilize our mobile application, you will need a compatible mobile device. While we strive to ensure broad compatibility across different devices, we cannot guarantee that our App will function seamlessly on every device. Please note that using the App may incur additional charges from your wireless provider for data usage.

We reserve the right to update our App and may automatically install these updates on your device. By using the App, you consent to these updates.

Any open-source software integrated into the App is subject to its respective open-source license.

If you are using our App on an iOS device, it's important to understand that our agreement is with you, not Apple. Apple bears no responsibility for our App or its performance. For any refunds related to the App, please contact Apple directly.

You agree to comply with the terms and conditions of any third-party services used in conjunction with our App. We may collect and use your data as outlined in our Privacy Policy. Apple and its affiliates have the authority to enforce certain provisions of this agreement. Additionally, you confirm that you are not located in a country subject to U.S. government embargoes or restricted party lists.

3.6. Houzeo Offers

Using our real estate services involves inherent risks. Sensitive personal information may be susceptible to unauthorized access or data breaches despite our security measures. The process of buying or selling a home can be emotionally taxing for both buyers and sellers, as it often involves negotiations, potential setbacks, and market uncertainties.

It's crucial to approach the offer process mindfully. Buyers should be aware that their preferred property might change, leading to offer modifications or cancellations. Sellers may receive multiple offers and must carefully evaluate various factors before accepting. Market conditions can fluctuate, impacting property values and the overall deal.

To prevent misunderstandings, buyers and sellers should differentiate between offers and appraisals. Offers represent a potential buyer's proposed terms, while appraisals are independent property valuations. Houzeo is not responsible for any confusion between the two.

Additionally, Houzeo reserves the right to restrict offer availability in certain areas due to market conditions, regulations, or operational limitations. Users should verify if their property is eligible for offers through our platform.

3.7. Inspections and Appraisers

Houzeo provides tools to facilitate the scheduling and management of property inspections and appraisals. Houzeo facilitates property transactions but does not conduct inspections/appraisals or guarantee their results. Houzeo is not responsible for any errors or accuracy in these services. When utilizing Houzeo’s services for property transactions, you agree to the following:

• Property Damage. Any damage caused to the property during an inspection/appraisal is the responsibility of the parties involved in the transaction. Houzeo is not liable for such damages.
• Inspection/Appraisal Reports. The reports provided are for informational purposes only. Houzeo does not verify the accuracy or completeness of these reports and is not responsible for any errors or omissions.
• Repairs and Maintenance. The responsibility to conduct repairs as indicated in the inspection report lies solely with the property owner or seller. Houzeo does not mandate or ensure any repairs are completed.
• Fluctuation in Market Value. Houzeo is not responsible for any variations in property value due to market dynamics that occur after the appraisal.

By using Houzeo’s services, you acknowledge and accept these terms, understanding that Houzeo’s role is limited to providing a platform for real estate transactions and facilitating inspection scheduling, but not guaranteeing the outcomes or handling issues related to property inspections or appraisals.

Third-party professionals (photographers, appraisers) are Independent Contractors and not agents, partners, or employees of Houzeo. Houzeo does not supervise or control their work. You acknowledge that Houzeo’s facilitation of scheduling does not constitute a 'referral' or 'endorsement,' and you waive any claim of Vicarious Liability or Negligent Referral against Houzeo for the acts or omissions of these third parties.

3.8. Closing Process

Houzeo provides tools and services to facilitate real estate transactions, including the closing process. However, users should be aware that various challenges can arise during this phase. By using Houzeo’s services, you agree to the following terms:

• Scope of Liability: Houzeo shall not be liable for any issues or complications arising during the closing process. This includes, but is not limited to, matters related to property appraisals, inspections, documentation, contractual contingencies, representations, mortgage approvals, property taxes, scheduling, and attendance requirements.
• User Responsibility: It is the responsibility of the involved parties to ensure that all aspects of the closing process are handled appropriately and in compliance with relevant laws and regulations. This includes addressing any issues promptly and ensuring all conditions are met.
• Accuracy and Completeness: Users must ensure the accuracy and completeness of all documents and information provided during the transaction. Houzeo does not stand responsible for any issues relating to the accuracy of inspection reports or other documentation and disclaims liability for any errors or omissions.
• Communication and Scheduling: Houzeo provides tools to facilitate communication and scheduling but is not liable for any miscommunication or scheduling issues and is solely the responsibility of the parties involved in the transaction.
• Compliance with Local Laws: Users must comply with all applicable local, state, and federal laws, including attendance requirements for closings. Houzeo disclaims liability for any non-compliance issues.

By using Houzeo’s services, you acknowledge and agree that Houzeo is not liable for any issues that may arise during the closing process. It is the responsibility of the users to manage and address these matters effectively.

3.9. Home Worth Calculator

The Home Worth Calculator service provided by Houzeo is intended solely for informational purposes and should not be construed as an appraisal or offer for the purchase or sale of any property. The estimated home values generated by the Calculator are based on various data inputs and methodologies that are subject to change and may not reflect current market conditions or the specific characteristics of any individual property. Houzeo makes no representations or warranties regarding the accuracy, reliability, or completeness of the home value estimates provided by the Home Worth Calculator. The estimated values are subject to variation. Houzeo shall not be liable for any loss or damage arising from reliance on the Home Worth Calculator estimates.

3.10. Automated Listing Classification

Certain features on the Platform, including filters, utilize automated tagging based on public listing data and keyword recognition. These tags are generated without human review and do not constitute investment advice, financial guarantees, or representations regarding the quality, value, or potential return of any property.

By using this feature, you acknowledge that tags are auto-generated from public listing data, may be incomplete or inaccurate, and are not investment advice. Houzeo makes no warranties as to investment suitability and disclaims all liability for any reliance on such tags or filters. Users are solely responsible for conducting independent due diligence before making any financial or real estate decisions.

3.11. Automated Listing Classification

The Platform’s Shareability feature enables you to send property listing links via SMS to contacts you designate. Messages are delivered from Houzeo phone numbers and may include only the information you choose to share.

By using this feature, you acknowledge and agree that:

• You are solely responsible for obtaining any required consent from your contacts under applicable laws (including TCPA).
• Houzeo does not verify the accuracy or appropriateness of the contact information you provide or the suitability of listings for any recipient.
• Messages may be subject to carrier delays, errors, or failures beyond Houzeo’s control.
• You will comply with all legal requirements governing SMS communications and indemnify Houzeo for any claims arising from your use or misuse of the Shareability feature.

Houzeo makes no warranties, express or implied, regarding delivery, timeliness, accuracy, or legal compliance of messages sent through the Shareability feature. Users remain responsible for independent due diligence before sharing any property information.

11.1. Mandatory Informal Dispute Resolution (The "Condition Precedent").

Houzeo is committed to resolving concerns without formal legal action. You agree that before filing any arbitration or claim, you must give Houzeo an opportunity to resolve the dispute.

• Notice of Dispute: You must send a personalized, written "Notice of Dispute" to legal@houzeo.com. This notice must include: (i) your full name and account email; (ii) a detailed description of the nature and basis of the dispute; (iii) evidence of the alleged damages and (iv) the specific relief sought.
• The 60-Day Negotiation Period: You agree to participate in a good-faith negotiation for sixty (60) days from the date the notice is received. During this period, you shall remain responsive and respond to any queries raised by us within two (2) business days.
• Mandatory Dismissal: If you file for arbitration without completing this informal process, you agree that the arbitration provider must administratively dismiss the claim, and you shall be liable for all costs incurred by Houzeo in seeking such dismissal.

11.2. Binding Arbitration & Jury Trial Waiver.

If the dispute is not resolved within the 60-day negotiation period, it shall be settled exclusively by binding individual arbitration administered by the New Era ADR in accordance with its Rules and Procedures in effect at the time the claim is filed. YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO HAVE ANY DISPUTE RESOLVED IN COURT.

If New Era ADR declines, is unable, or refuses to administer the arbitration, the arbitration shall be administered by American Arbitration Association in accordance with its applicable rules. If the foregoing providers are unavailable, the parties shall mutually agree on an alternative nationally recognized arbitration provider.

The arbitration shall be conducted in the county of your residence or at another mutually agreed location. The arbitrator shall apply the substantive law of the State of New Jersey, without regard to its conflict of laws principles. The arbitration shall be conducted in English. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

If the parties are unable to agree within thirty (30) days, Houzeo may apply to a court of competent jurisdiction to appoint an arbitrator or arbitration provider in accordance with applicable law.

11.3. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Privacy Policy, the Refund Policy, or any related matter, including their breach, termination, enforcement, interpretation, validity, or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by binding arbitration administered by New Era ADR in accordance with its rules then in effect. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

The arbitration shall be conducted on an individual basis, and not as a class, consolidated, or representative action. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

11.4 The "Mass Filing" Protection Shield (Bellwether Batching).

To increase the efficiency of administration and resolution of arbitrations, you and Houzeo agree that if there are fifty (50) or more individual arbitration demands of a substantially similar nature brought against either party by or with the assistance of the same law firm, group of law firms, or organizations within a one hundred and eighty (180) day period (“Mass Filing”), the following procedures shall apply:

• Selection of Bellwether Arbitrations: The parties shall select ten (10) individual arbitration demands (five (5) per side) for arbitration to proceed (“Bellwether Arbitrations”).
• Abeyance Requirement: Only those ten (10) arbitration demands shall be filed with the arbitration provider, and the parties shall hold in abeyance, and not file, the non-Bellwether Arbitrations. No filing or administrative fee shall be due for the stayed cases while the Bellwether Arbitrations are pending.
• Tolling of Limitations: The statutes of limitation, including the requirement to file within one (1) year in Section 11.6 below, shall remain tolled (paused) while the non-Bellwether arbitration demands are held in abeyance.
• Administrative Stay: While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider.
• Premature Filings: If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and no fees shall be assessed until the Bellwether process is complete.
• Global Mediation: Following the resolution of the ten (10) Bellwether Arbitrations, the parties agree to engage in a global mediation session to attempt to resolve all remaining claims in the Mass Filing based on the outcomes of the Bellwether cases.

11.5. Statute of Limitations.

YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR after the event giving rise to the claim occurred. If the claim is not filed within one year, it is forever barred, regardless of any state law or statute of limitations to the contrary.

11.6. Costs and Attorneys’ Fees.

• Arbitration Costs: Payment of all filing, administration, and Neutral fees shall be governed by the New Era ADR’s applicable fee schedule. Houzeo shall pay those portions of such fees for which it is responsible under the applicable New Era ADR Rules or as otherwise required by applicable law. In case of Ex Parte Proceedings, the entire costs shall be borne by the non-appearing party.
• Frivolous Claims: If the Neutral finds that a claim was frivolous, brought for an improper purpose, or brought in bad faith (as measured by the standards of Federal Rule of Civil Procedure 11(b)), you agree to reimburse Houzeo for all fees paid to the New Era ADR on your behalf.
• Attorneys' Fees: To the maximum extent permitted by law, the Neutral shall award the prevailing party its reasonable attorneys’ fees and costs. If Houzeo is the prevailing party and the claim is deemed frivolous, you agree to pay Houzeo’s legal fees in full.

11.7. Arbitration Procedure.

• The arbitration shall be conducted by a sole Neutral unless the parties mutually agree otherwise. The Neutral shall be selected in accordance with the rules of the New Era ADR.
• The Neutral shall be selected in accordance with the applicable New Era ADR Rules, including the Rank/Strike process unless the parties agree to another selection method permitted under those Rules.
• The parties shall mutually agree whether the dispute proceeds as Standard Arbitration or Expedited Arbitration; absent such agreement, Expedited Arbitration shall apply. All proceedings shall be conducted virtually on the New Era ADR platform.
• The legal seat of arbitration shall be Charlotte, North Carolina, and North Carolina law shall govern this Agreement and the arbitration, without regard to conflict of law principles.
• The language of the arbitration shall be English.