TERMS OF USE: LEGAL AGREEMENT
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.
OWNER
This Web site is owned and operated by HomeGift realty, inc.
(“HomeGift”), a Massachusetts corporation with offices
in Sherborn, Massachusetts and Irvine, California. HomeGift’s
principal offices are located at:
18 North Main Street
Sherborn, MA 01770
Tel: 508.655.0318
Fax: 508.655.0319
REAL ESTATE SERVICES
HomeGift Realty, Inc. is a real estate broker licensed by the
Commonwealth of Massachusetts. 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. 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, 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. If your program entitles you to a rebate
and the purchase or sale occurred in a state that permits rebates
to consumers, HomeGift will pay you your rebate from its referral
fee. HomeGift also makes a payment to the non-profit you are
supporting (unless you have chosen to remain anonymous) in accordance
with its agreement with the non-profit and notifies you of the
amounts of: (i) the referral fee received; (ii) the amount paid
to the non-profit; and (iii) the amount of your referral fee
(if applicable).
Your use of this Web site and request for a referral
constitute your agreement to these compensation arrangements.
The
terms of HomeGift’s real estate programs may be different
for different non-profits. Only those terms set forth on the
pages directly linked to your non-profit’s HomeGift program
Web site apply to your transaction(s). If you access HomeGift’s
site through more than one non-profit program, the terms that
will apply are those linked to the pages containing the forms
you submit in requesting a referral.
Referral
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
these terms and conditions. You authorize HomeGift to forward
this information to licensed real estate brokers and agents that
HomeGift identifies for you. 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 calls 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.
Business relationship
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
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.
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. HomeGift has no employment or supervisory
control over these agents and is not responsible for their acts
or omissions.
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.
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.
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.
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.
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
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 NOTPERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
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 LENDINGTREE 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 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.
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.
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.
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.
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.
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.
COMMENTS OR QUESTIONS
If you have any questions or comments about
this Agreement or any of its terms and conditions, please email
us at customercare@homgift.com.
