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Terms of Use
PLEASE READ THIS TERMS OF USE AGREEMENT ("Agreement") CAREFULLY. THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT MAY HAVE CHANGED SINCE YOUR LAST VISIT. BY ACCESSING THIS WEB SITE AND ANY OF ITS PAGES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEB SITE. |
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| This Web site is owned and operated by HomeGift Realty, Inc. (“HomeGift”), a Massachusetts real estate corporation with offices in Sherborn, Massachusetts and Irvine, California. HomeGift’s principal corporate offices are located at: 18 North Main Street Sherborn, MA 01770 Tel: 508.655.0318 Fax: 508.655.0319 |
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| REAL ESTATE SERVICES, REBATES, CHARITABLE CONTRIBUTIONS HomeGift Realty, Inc. is a real estate broker licensed by the Commonwealth of Massachusetts and the states of California and Florida. HomeGift develops and administers real estate programs for non-profit organizations throughout the United States. Through agreements with the non-profits, HomeGift offers to refer supporters who are planning to buy or sell real estate (or both) to real estate agents across the country. HomeGift does not buy or sell your home for you. Instead, we collect certain basic information from you and, using this information, we find and refer you to a qualified, licensed real estate agent located in and familiar with your area and your market. If you have an agent in mind but have not committed in writing to use that agent, we can make the referral to that person as long as he or she is licensed and otherwise acting in compliance with all applicable laws and regulations. In consideration for our services, your real estate agent will pay HomeGift a fee known as a “referral fee”, generally amounting to between 20-30% of the agent’s share of the commission on the sale of the property you buy or sell. Typically, the seller’s agent negotiates the commission with the seller as a percentage of the sales price, and then splits this commission at closing with the agent who has represented the buyer. The commission usually comes out of the sales proceeds at closing. Once your purchase or sale has closed, your agent will send HomeGift’s referral fee to HomeGift. HomeGift pays you a rebate equal to 70% of the referral fee that HomeGift receives. For example, if the commission is 5% of the sales price of the home you sell or purchase and it is split equally between the buyer’s and seller’s agents, and the referral fee is 25%, your rebate would be calculated as follows: |
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These assumptions - that the commission is 5% and the referral fee is 25% - are used by the Calculator that appears on the registration form, but either or both of these numbers often vary. However, your rebate will not vary from 70% of the referral fee that HomeGift receives. If your purchase or sale occurs in a state that permits rebates to consumers, HomeGift will pay you your rebate by check after closing. If you choose to donate a part or all of your rebate to a non-profit organization, HomeGift will send the contribution you have chosen to make from your rebate to the non-profit you have designated at the same time that it sends you your check. HomeGift notifies you of the amounts of: (i) the referral fee received; (ii) the amount of your rebate (if applicable); and (iii) the payment of your contribution to the non-profit. HomeGift sends the non-profit your information so that the organization can send you a donation confirmation for tax purposes. |
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YOUR USE OF THIS WEB SITE AND REQUEST FOR A REFERRAL CONSTITUTE YOUR AGREEMENT TO THESE COMPENSATION ARRANGEMENTS.
ACCURACY OF INFORMATION; CONSENT TO COMMUNICATIONS You represent that all of the information you have submitted to HomeGift is true and accurate and that the information belongs to you or that you are authorized to submit it to HomeGift under the terms and conditions of this Agreement. You authorize HomeGift to forward this information to licensed real estate brokers and agents that HomeGift identifies for you and to the non-profit you have chosen to support. You understand and agree that by requesting a referral, you are expressly inviting the agents and brokers that HomeGift finds for you to communicate with you by email or telephone at the addresses and numbers you have provided or may provide in other communications. You hereby consent to any such communications even if your number is on the Do Not Call list. You acknowledge your understanding that these agents and brokers may retain the information you submit whether or not you communicate with them, sign an agreement with them, or complete a real estate transaction with them. |
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WAIVER OF DO NOT CALL You understand and agree that by submitting information to HomeGift through this Web Site, you have contracted with HomeGift to refer your real estate transaction to a licensed real estate agent and have established a business relationship with HomeGift. You consent and agree that HomeGift may contact you using the information you have provided to HomeGift even if your telephone number is on any Do Not Call list. |
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DELAYS HomeGift is not responsible for any delay in contacting you or in processing your referral request that may occur if you provide inaccurate information. |
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AGENTS NOT EMPLOYEES The real estate agents to whom HomeGift refers you are not HomeGift’s employees, agents, contractors, or representatives. HomeGift utilizes a screening and qualification process designed and intended to identify qualified licensees that are appropriate for your transaction in your location. However, HomeGift has no employment or supervisory control over these agents and is not responsible for their acts or omissions. |
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OBLIGATIONS UNDER INTELLECTUAL PROPERTY AND OTHER APPLICABLE LAWS By accessing this Web site, you acknowledge that this Web site and the content of and materials on this site, including but not limited to all logos, trademarks, service marks and program names, are the property of HomeGift and its licensors and are protected from unauthorized copying and dissemination by trademark, copyright and other intellectual property laws of the United States and other countries. You acknowledge that such intellectual property laws generally prohibit reproduction, dissemination and exhibition of all text, photographic and graphic images, sound samplings and other protected materials and content without the express written permission of HomeGift or its licensors. You agree that you will not engage in the unauthorized use or dissemination of any materials on this site. By accessing this Web site, you also agree that you will not use this site in any way that would infringe upon or injure the personal property rights of any individual, group or entity, including but not limited to defamation, harassment, invasion of privacy, tort, the unauthorized disclosure of personally identifiable information belonging to another, or the disclosure of confidential or trade secret information. |
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CONTENT OF INFORMATION By submitting information to HomeGift through this Web site, you represent that all such information is true and correct to the best of your knowledge. HomeGift reserves the right to review any information you submit, but is not responsible for the accuracy of such information. |
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LINKS TO OTHER SITES Other Web sites may contain links to this site and this site may contain links to other Web sites. You acknowledge that HomeGift has no control over, and is not responsible for the content of or products or services provided by, any such Web site. These links are provided as a convenience to you and you use them at your own risk. Furthermore, no link contained on this site implies that HomeGift endorses or accepts responsibility for the site, its products or services, its content, or the organization that controls it. |
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SECURITY The security of this Web site and any information you submit via this site are of critical importance to HomeGift. HomeGift maintains its servers and other computers in physically secure locations and uses SSL technology, firewalls and other sophisticated technology to protect your transmissions and information. Please see our Privacy Policy and Security pages for more information. While HomeGift has taken these reasonable and appropriate measures to protect your information, HomeGift cannot and does not guarantee that the information you provide will not be intercepted and decoded by others. |
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DISCLAIMERS HomeGift reserves the right to change the content of this site and the information contained in it at any time. While HomeGift intends that the information provided on this site is accurate, errors may occur. HomeGift does not give legal or tax advice and does not intend that you rely upon any information contained on this site as such. THE MATERIALS AND INFORMATION PROVIDED ON THIS SITE AND THE SERVICES ASSOCIATED WITH IT ARE PROVIDED ON AN “AS IS” BASIS. HOMEGIFT AND/OR ITS SERVICE PROVIDERS AND/OR THE NON-PROFIT ORGANIZATIONS THAT PARTICIPATE IN ITS PROGRAMS (“NPO’s”) AND/OR THE REAL ESTATE AGENTS AND BROKERS TO WHOM HOMEGIFT REFERS TRANSACTIONS (“ITS AGENTS”) DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, PRODUCTS AND SERVICES PROVIDED BY IT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HOMEGIFT MAKES NO WARRANTY AS TO THE ACCURACY, VALIDITY AND COMPLETENESS OF MATERIALS AND INFORMATION ON THIS SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE THIS SITE OR THE SERVER(S) THAT HOST IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ROGUE PROGRAMS. USE OF THIS WEB SITE IS AT YOUR OWN RISK. WHERE APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. |
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LIMITATION OF LIABILITY HOMEGIFT AND /OR ITS SERVICE PROVIDERS, NPO’s AND/OR AGENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES OR COMPENSATION FOR LOST PROFITS, LOSS OF DATA, OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO AND USE OF, OR THE INABILITY TO USE, THIS WEB SITE AND/OR HOMEGIFT’S SERVICES, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE OR OTHERWISE ARISING FROM 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 HOMEGIFT OR ITS SERVICE PROVIDERS OR NPO’s HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOMEGIFT AND/OR ITS SERVICE PROVIDERS AND/OR NPO’s BE LIABLE TO YOU OR THIRD PARTIES IN A TOTAL AMOUNT FROM ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THIS SITE OR OF HOMEGIFT’S SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, IN EXCESS OF THE AMOUNT, IF ANY, OF THE REFERRAL FEE RECEIVED AND RETAINED BY HOMEGIFT FROM YOUR TRANSACTION. |
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INDEMNITY By using this Web site, you agree to indemnify HomeGift, its officers, directors, shareholders, employees, successors, agents, and affiliates, and to indemnify HomeGift's service providers and NPO's, from and against any and all damages, losses, liabilities, and expense (including attorneys' and experts' fees) arising out of claims relating in any way to your use of this Web site, including without limitation, any claims by third parties for infringement or alleging facts that if true would constitute a breach by you of this Agreement. |
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JURISDICTION HomeGift operates this site from locations in the United States for the use of persons buying or selling property inside the United States. If you are located outside the United States, use of this site may not be appropriate or lawful for you depending on the laws of the jurisdiction in which you are located. It is your responsibility to know and comply with all applicable laws of your jurisdiction. HomeGift makes no representations and has no responsibility in this regard. |
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GENERAL Entire Agreement This Agreement constitutes the entire agreement between you and HomeGift and supersedes all prior communications, agreements, promises or proposals, whether oral, written or electronic, between you and HomeGift with respect to your use of this Web site and the information and services associated with it. |
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Governing Law This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to principles of conflicts of laws. You agree to the exclusive jurisdiction of the state and Federal courts of the Commonwealth of Massachusetts to resolve any disputes that may arise hereunder. |
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Severability In the event that any of the provisions of this Agreement, including without limitation the disclaimers or warranty limitations, shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, any such provision shall be modified or limited to the minimum extent necessary to render it enforceable and the remaining provisions of this Agreement shall remain in full force and effect. |
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COMMENTS OR QUESTIONS If you have any questions or comments about this Agreement or any of its terms and conditions, please email us using this form. |