Use of Our Service
Matchmaking is the core of what we do for real estate. When the time is right, we make a professional introduction between you and one of our Real Estate partners. The service that we provide to both buyers and sellers of real estate and real estate professionals is governed by a few terms that are outlined below.
Because we are an online service, we don’t ask you to deal with and physically sign a lengthy contract. The terms of our contract with you are set forth below in plain language. If you don’t agree with the terms, then we ask you please to leave this Web site and not use our services. If you do use this Web site, then that action will serve as your agreement to be bound by our terms of service (“Terms of Service” or “Agreement”).
HomeLight, Inc. (“HomeLight”) is operated in compliance with all state and federal housing laws.
Terms for Broker and Agents
Real estate professionals who are involved with and use our Web site must agree with the following terms:
- You grant HomeLight.com permission to display on our Web site and elsewhere information that we have gathered or you have supplied related to any of the real estate transactions that you have handled as a real estate professional. This information helps your potential clients better understand your specialties.
- Maintaining a profile on HomeLight is completely free. However, if you choose to accept Referrals from HomeLight, and if you subsequently handle a real estate transaction for this Referral, then you agree to pay us a Referral Fee that will be a percentage of the gross commission you earn. This is how we earn money and is what allows us to continue to provide our services to you. Your acceptance of any Referral from HomeLight constitutes your express and ongoing assent to the terms of the Referral Agreement, as may be amended from time to time.
- You are responsible for maintaining your own real estate license and for following all applicable real estate laws regarding disclosures, documentation and other brokerage responsibilities. In addition, you are responsible for the real estate brokerage services provided to your clients and agree to indemnify, defend and hold HomeLight harmless from any claims, costs, and damages incurred by HomeLight arising from claims by your clients regarding the brokerage services you have provided.
- Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any Referrals made prior to such termination are still bound by this Agreement, and Referral Fees will be due upon close of any transactions resulting from such Referrals.
- In connection with the Referrals, you agree to be contacted by HomeLight and its Referrals via phone, email, mail or other reasonable means, and you further agree that you will not provide the referrals to any other party without our written consent.
- You may initiate or receive a call from a HomeLight representative or one of our Referrals via one of HomeLight’s tracked phone numbers. If you do so, HomeLight may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
- Any information that you provide to HomeLight shall be accurate, complete and owned by you, and you agree to update any information that is or becomes inaccurate. Of course, if we discover that any information is inaccurate we may correct it ourselves. You hereby grant us permission to e-mail or display your Profile (including your name, likeness, contact information and transaction details) and such other information as may be supplied by you on or from our Web site "www.homelight.com" and such other partner and affiliate websites as we believe advisable for marketing purposes.
- You agree that we may modify the services provided, these terms of service or the price charged for our services at any time. We will send you an email in advance of any significant changes of our services, terms of service or prices, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent referrals or services shall be governed by such new terms.
Terms for Referral Agreement
The terms below relate to that certain Referral Agreement, entered into by you (the Agent) and HomeLight (the "Referral Agreement"). Capitalized terms used below that are not otherwise defined herein have the meanings assigned to them in the Referral Agreement.
- Confidentiality. During the course of the Referral Agreement, it may be necessary for HomeLight to share proprietary information, including its agent portal, industry knowledge, and other confidential information and personal information related to the Client subject to the Referral, to the Agent in order for the Agent to properly service his/her/their Clients. The Agent will not share any of this proprietary information at any time and will take care to prevent the publication, distribution and utilization of such confidential information with at least the same degree of care which the Agent takes to protect his/her/their own confidential information of a similar nature, but in any case no less than an appropriate and reasonable degree of care. This section remains in full force and effect even after the Termination.
- Representations and Warranties. The Agent represents that he/she/they is fully authorized to enter into the Referral Agreement and is doing so voluntarily, without external influences or additional incentives from HomeLight. The performance and obligations of the Agent under the Referral Agreement will not violate or infringe upon the rights of any third party or violate any other agreement between the Agent and any other person, organization, or business or any applicable law or governmental regulation. The Agent represents that he/she/they is properly licensed as a real estate agent and able to conduct such real estate transactions in the jurisdiction and territory applicable to Referrals accepted by the Agent. The Agent represents that the Broker has agreed to receive Referrals from, and agreed to pay the Referral Fee to, HomeLight.
- Indemnity. The Agent agrees to indemnify and hold harmless HomeLight and its affiliates, and their respective officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, expenses (including without limitation reasonable attorneys’ fees) and costs of any kind or amount whatsoever, which result from the negligence of, or breach of the Referral Agreement by, the Agent or its respective successors and assigns. Additionally, the Agent agrees to indemnify, defend and hold harmless HomeLight from any claims, losses, damages, liabilities, penalties, expenses (including without limitation reasonable attorneys’ fees), and costs of any kind or amount whatsoever, which results from claims by Clients regarding brokerage services provided by the Agent. This section remains in full force and effect even after Termination.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMELIGHT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR UNDER THE REFERRAL AGREEMENT, OR FOR BREACH OF THE REFERRAL AGREEMENT. HOMELIGHT’S TOTAL LIABILITY ARISING OUT OF OR UNDER THE REFERRAL AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $250.00.
- Legal Fees. In the event of a dispute resulting in legal action between the Parties, the successful Party will be entitled to its legal fees, including, but not limited to its reasonable and documented attorneys’ fees.
- Severability. In the event any provision of the Referral Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Referral Agreement and all other provisions should continue in full force and effect as valid and enforceable.
- No Waiver of Rights. The failure by either party of the Referral Agreement to exercise any right, power, or privilege under the terms of the Referral Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.
Terms for Buyers and Sellers
All non-real estate professionals (including prospective Buyers and Sellers and their representatives) who are involved with and use our Web site must agree with the following terms:
- When the time is right, we may make a professional introduction between you and one of our partners, including a real estate agent or one of our real estate investment partners. Of course, this introduction involves sharing the contact information of each party with the other. When you submit information to HomeLight.com for a request, you authorize us to use and provide this information to make an introduction. By providing this information to us, you consent to being contacted by us and by our partners via phone, email, mail or other reasonable means.
- For us to help you, we need you to provide information that is accurate and complete, especially your contact information so that our Real Estate partners can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.
- YOU UNDERSTAND THAT WHILE HOMELIGHT MAY REFER REAL ESTATE PROFESSIONALS, ANY REAL ESTATE TRANSACTIONS WILL BE CONDUCTED BY LOCAL REAL ESTATE PROFESSIONALS OR INVESTORS THAT HAVE BEEN REFERRED TO YOU AND ARE NOT AFFILIATED WITH HOMELIGHT, INC. WE ARE NOT PARTY TO NOR AWARE OF ANY TERMS OF ANY TRANSACTION NEGOTIATED BY THESE REAL ESTATE PROFESSIONALS. HOMELIGHT DOES NOT ENDORSE, RECOMMEND, OR OTHERWISE KNOW THE TERMS OF ANY AGREEMENT BETWEEN YOU AND A REAL ESTATE PROFESSIONAL.
- YOU UNDERSTAND THAT WHILE WE MAY MAKE AN INTRODUCTION TO A THIRD PARTY REAL ESTATE PROFESSIONAL, WITH WHOM YOU MAY OR MAY NOT CHOOSE TO PURSUE A POTENTIAL BUSINESS RELATIONSHIP, HOMELIGHT IS NOT YOUR AGENT, DOES NOT REPRESENT YOU, AND WILL NOT BE PERFORMING ANY REAL ESTATE BROKERAGE SERVICES ON YOUR BEHALF BEYOND INTRODUCING YOU TO QUALIFIED REAL ESTATE PROFESSIONALS.
- YOU UNDERSTAND THAT FOR OUR INTRODUCTION SERVICES WE MAY RECEIVE payment (a Referral Fee) that may be a percentage of the commission received by the professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
- Your participation in our services is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any Referrals made prior to such termination are still bound by the agreement that we may have with a real estate professional.
- You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by such new terms.
- You may initiate or receive a call from a HomeLight representative or one of our agent partners via one of HomeLight’s tracked phone numbers. If you do so, HomeLight may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
The Web site and some of our services may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, store, send, or receive User Content to or through the Web site or services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Web site and services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Web site and services, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Web site and services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Web site or services.
You promise that:
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Web site or services for any reason.
All who are involved with and use our Web site must agree with the following additional terms:
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- HomeLight intends that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Web site, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
- To protect our service, you agree to refrain from the following prohibited activities: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Web site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Web site or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Web site or our hardware and software infrastructure or that of any of our licensors or suppliers.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMELIGHT AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, THIRD PARTY INVESTORS 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 HOMELIGHT’S SERVICES IS AT YOUR OWN RISK. WE AND/OR ANY HOMELIGHT 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 OUR 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 WE AND/OR THE HOMELIGHT SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMELIGHT OR OUR 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR CUMULATIVE LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO ONE-HUNDRED U.S. DOLLARS ($100).
- Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures then in effect (“JAMS Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to these Terms of Service. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service. This Section of the Terms of Service will survive the termination of your relationship with us.THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS’ RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- To the maximum extent permitted by applicable law, you agree to indemnify and hold HomeLight and our affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms of Service, any executed Referral Agreement, and/or any other agreement by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Finally, you also agree to the following: These Terms of Service shall be subject to and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree that any action of whatever nature not subject to the arbitration agreement above arising from or relating to this Agreement, the Web site or our services will be filed only in the state or federal courts located in San Francisco, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any part of these Terms of Service 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. The failure by us to enforce any right or provision of this Agreement will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms of Service, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. 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 in printed form. All rights not expressly granted herein are reserved to HomeLight.