The following are terms of a legal agreement between you, the person viewing and/or using this Internet site (“User”) and Homebate® Realty (“HR”) the operator of this Internet site. By accessing, browsing and/or using this Internet site (defined to include all properties (mobile, Web or otherwise) owned and operated by HR), related data, and/or related services (“Site”), User acknowledges that User has read, understood, and agrees to be bound by these terms and to comply with all applicable laws and regulations, including but not limited to U.S. export and re-export control laws and regulations. If User does not agree to these terms, User is not authorized to use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law and international treaties.
OfferDash® and OfferDash.com (OfferDash, Site or Website) is owned and operated by HR, a licensed real estate brokerage company that assist home buyers and sellers in locating competent and qualified local real estate agent representation either through its own brokerage or at third-party brokerages that are licensed in their respective jurisdictions.
While HR is a licensed real estate brokerage company, visiting the HR website does not create any agency or brokerage agreement between HR and any user, nor any contract or agreement with a user and any other provider of services relating to or arising from a residential or commercial real estate transaction. This website is for the exclusive non-commercial use by persons with a bona fide interest in entering into a potential real estate transaction. Use of this website by others may result in termination of the connection. In the event of clear abuse, a visitor or member will be barred from access to the site contents.
Description of Service.
HR provides users with access to a collection of websites, resources, data, software, and tools (“Service”). The services that we provide are subject to the following Terms and Conditions of Use (“T&C”), which we may modify by posting revised T&C on our website(s) from time to time without providing notification. Unless stated otherwise, any new features or enhancements to the current Service shall be subject to this agreement in addition to any T&C applicable to particular services. You are responsible for regularly reviewing these T&C and any applicable changes. Continued use of the service after any changes take effect will constitute your acceptance of such changes. You can review the current version of these Terms and Conditions of Use at https://offerdash.com/disclaimers/terms-of-use.
When you visit and use any site within HR’s websites or when you register for a new HR account, you are both agreeing to be bound by these T&C and representing that you are of legal age to form a binding contract. If you do not wish to be bound by this agreement, please refrain from using our services, accessing our websites, or registering for an HR account. By submitting your contact information to HR, you agree that HR or an affiliated network user may contact you.
All information, content, services and software displayed on, transmitted through, or used in connection with website or affiliated sites of HR, including websites, stories, reviews, blogs, listings, guides, photographs, illustrations, audio clips, video, html, source and object code is owned by the HR and its affiliates. You may use HR material online only, and only for noncommercial use unless otherwise agreed to in writing.
You may not republish any portion of HR on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content. You may not scrape or otherwise copy our content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through HR, not to insert any code or product or manipulate the content of HR in any way that affects the user experience, and not to use any data mining, data gathering or extraction method. You may not use any meta tags or any other hidden text utilizing or incorporating HR’s name or trademarks.
HR respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material, please review our Copyright Notice for proper procedures.
For all such information and material, you grant HR, its affiliates and related entities, a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize HR to include the information in a searchable format accessible by users of HR and other affiliated websites, and to use your name and any other information in connection with its use of the material you provide. You also grant HR the right to use any material, information, ideas, concepts, know-how, product concepts, trade secrets or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a featured listing, a online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. HR cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree HR is not responsible for such errors or discrepancies.
Your dealings or communications through HR with any party other than HR are solely between you and that third party. For example, certain areas of HR may allow you to contact third party agencies, conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will HR be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through HR, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via HR. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to HR as provided below.
You promise that you will not use the HR Network to:
By Transmitting Content to HR, you grant, and you represent and warrant that you have the right to grant, to HR an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of HR, you grant HR all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on HR by any party for any purpose.
Interactive areas, discussion boards,Q&A advice, private messaging, blogs, etc., are intended to encourage public debate. We expect people to differ — judgment and opinion are subjective things — and we encourage freedom of speech and a marketplace of ideas. By using these areas of HR, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. We prohibit profanity, libel, spam, racial epithets, and the harassment and abuse of others. Any off-topic comments stand a chance of being removed.
Crawling the HR website and affiliated network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from HR.
Links provided on this Site are put there for the user’s convenience. Links may be directed to third-party content, meaning that HR has no control over what is actually posted at the destination sites. HR does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that HR can review the content and make changes to links where necessary.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You certify that you will not upload or post inappropriate content such as profanity, obscenity, libelous content, etc.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). The most common public uses for content today are in the user forums and paired with a public review left by you for a particular agent.
If your property is currently listed with a REALTOR, please disregard any notices sent by HR. It is not our intention to solicit the offerings of other Brokers.
Any electronic communication is not an offering nor an offer to sell nor a solicitation of offers to purchase. It is provided solely for informational purposes and is not intended to constitute an advertisement in any jurisdiction. All information contained within this website are subject to change, and no representations are made as to the accuracy of such information.
To the fullest extent permitted by law, the data on this Site is provided “as is,” without warranty or representation of any kind, either express or implied, as to the nature, quality, characteristics or value of any property or information to which the data pertains. NEITHER PROVIDER NOR VENDORS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DATA DISPLAYED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE TIMELINESS, ACCURACY AND/OR COMPLETENESS OF THE DATA.
NEITHER PROVIDER NOR VENDORS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOST PROFITS, LOSS OF CUSTOMERS OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE DATA DISPLAYED ON THIS SITE, WHETHER THE CLAIM OR CAUSE OF ACTION ARISES IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.
Public Record Information displayed on this Site is deemed reliable but not guaranteed.
This disclosure statement pertains to the conduct of HR, including services HR provides, in connection with the mortgage loan industry and websites and mobile applications operated by HR.
HR does not confirm, and does not make or give any guarantee regarding,
HR does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
HR is not a lender, mortgage broker, loan originator, loan processor or underwriter. HR does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.
HR does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.
HR does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.
Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by HR) is not, and will not be responded to by HR as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.
HR does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.
Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
HR is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.
HR sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of websites or mobile apps HR operates.
Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by HR but are made by lenders, brokers or other loan professionals which might include participating advertisers of HR.
HR does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from HR.
The foregoing disclosures reflect HR’s good faith conclusions regarding the subject matter of such disclosures, and HR takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than HR, nor any actual or alleged inaccuracy of or other fault with any such disclosures.
HR is a licensed real estate brokerage company operating via phone, email or web form. Site users may make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making such requests, the Site user authorizes HR to share the user’s personal information including their home search history, favorites and saved searches to a real estate professional in order to satisfy the user’s request. When Site users make such requests to HR they are extending an express invitation for HR, or another appropriate entity or person, to contact the User.
You understand and agree that if you use the services provided by HR to locate and hire a real estate agent to list or purchase property on your behalf, HR may be compensated by that agent for the referral service if the referral results in a closed transaction.
You agree that your use of the Site does not constitute or create a fiduciary or brokerage relationship with HR involving the purchase and sale of any property or a specific property.
You understand that all the data on properties available for sale or rent is maintained by various real estate brokers, real estate agent boards, MLSs and associations in the communities where you are searching or where your property is located. These local boards of real estate are independent of HR and are solely responsible for the accuracy of the information on properties entered into their own MLS data. HR does not alter or add to this information on the properties in any way.
This disclosure statement pertains to the automated values (On Market Value and Cash Value) generated from our website portals. THIS IS A AUTOMATED PRICE OPINION OR COMPARATIVE MARKET ANALYSIS BASED ON PUBLIC RECORD DATA AND SHOULD NOT BE CONSIDERED AN APPRAISAL, BROKER PRICE OPINION OR OPINION OF VALUE. In making any decision that relies upon this analysis, you should know that this value does not follow the guidelines for development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
HR comment areas, blogs, private messaging, and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of HR and the volume of messages and postings, HR cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums.
We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the blogs, comment areas, or private messages you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. Divulging real names, phone numbers, addresses, occupations, or other information that can be used to identify or locate other site users is strictly prohibited.
HR reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
While HR uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. HR does not represent or warrant that use of any content will not infringe rights of third parties. HR has no responsibility for actions of third parties or for content provided or posted by others. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” HR AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS 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 THIS WEB SITE AND/OR HR’S SERVICES IS AT YOUR OWN RISK. HR AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS 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 THIS WEB SITE AND/OR HR’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HR AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
By using this Site the User agrees to indemnify HR and its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the users use of the Site. Users may not use this Site for illegal, harassing, unethical, or disruptive purposes.
Any claim or controversy arising out of or relating to the use of this Site, to the goods or services provided by HR, or to any acts or omissions for which you may contend HR is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. 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 arbitration shall be venued in San Diego, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by HR. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Diego, California. 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 an 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 HR 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. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using HR’s goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and HR, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Diego, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.