HomeGather

Terms Of Use

Welcome to Homegather.com. The Homegather.com website (the "Site") is comprised of various web pages operated by HG and is offered to you (alternatively, "User") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your initial use and continued use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. This Agreement is between User and, jointly, Realpin, LLC and Search Wire, LLC which operate Homegather.com (together, "HG"). This Agreement governs your use of the Site.

The Site is a REAL ESTATE SEARCH/LISTING Site.

PRIVACY

Your use of the Site is subject to HG's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting the Site or sending emails to HG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal notice requirement that such communication be in writing.

USE OF THE SITE

The Site and its contents (each, the "Content") are intended only for users of the HG services and for those searching the HG real estate databases. The Site should only be for either personal use or at the behest of User clients or future/potential clients. You may use Site to search for real estate listings, post listings, created lists of properties or any other permissible use.

Listings of real estate may include an estimate of the worth of the home based on an internal algorithm. This estimate is for referential purposes only. User may not in any way use such estimate as a financial valuation or appraisal or any other indication of the home's value. HG is not liable in any way for any reliance by any part upon the estimate generated by the HG algorithm. For more details on our disclaimers of liability, please see below. Registered users of the Site are allowed to create listings on the Site, which shall then be subject to user queries and searches. HG claims no responsibility and shall incur no liability for any listing or Content uploaded to the Site.

Registered users of the Site are allowed to create classified advertising for inclusion on the Site and/or search through such advertising. Users posting classified advertising to the Site must follow all applicable laws when doing so and HG claims no responsibility for any illegal, misleading or otherwise fraudulent advertising posted on the Site.

You are prohibited from using the Site or the Content for any purpose not related to real estate listings with HG. Prohibited uses include, but are not limited to: (i) downloading, copying, or re-transmitting a portion or all of the Site or the Content; (ii) using any type of automatic data gathering or extraction methods; (iii) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe or unsubscribe any third party for any HG product or service if you are not expressly authorized by such third party to do so; (v) using the Site or the Content other than for its intended purpose or for any unlawful purpose; (vi) interfering with the security of, or otherwise abusing the Site or any system resources, services or networks connected to or accessible through the Site.

NO PURCHASE NECESSARY

Users may search and create listings at no cost. Created listings shall allow one (1) photo to be uploaded by User at no cost to User. Advertiser purchases shall be bound by the advertisers purchase agreement. And in no way have any relation to the site terms.

YOUR ACCOUNT

User is responsible for maintaining the confidentiality of their account and password and for restricting access to your computer, and agrees to accept responsibility for all activities that occur under such account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HG is not responsible for unauthorized third party access to your account. HG and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at any time in our sole discretion.

USE OF MOBILE SERVICES

The Site may be accessed through mobile devices and/or through downloadable mobile applications. HG does not charge for these mobile services, but your carrier may. By utilizing our mobile services, you consent to be notified by HG (as well as other entities) by SMS, MMS, text message or other electronic means to your mobile device and that certain information pertaining to your use of the mobile services may be communicated to HG.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

The Site contains links to other websites ("Linked Sites"). The Linked Sites are not under the control of HG and HG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HG is providing these links to you only as a supplement to the HG service, and the inclusion of any link should not imply endorsement by HG of the site or any association with its operators beyond the endorsement of website to supplement the HG service.

Certain services made available via HG may be provided by third party sites and organizations. By using any product, service or functionality originating from the HG Site domain, you hereby acknowledge and consent that HG may share such information and data with any third party with whom HG has a contractual relationship to provide the requested product, service or functionality on behalf of HG users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

As a condition of your use of this Site, you warrant to HG that you shall not use the Site or Content for any purpose that is unlawful and/or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any Content or other materials or information through any means that circumvents or undermines the normal features and functionalities of the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HG or its suppliers or licensors/contributors and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. Unless otherwise agreed, you agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and shall not make any changes thereto.

Unless otherwise permitted by HG in writing, you shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any content without the express written permission of HG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HG or our licensors except as expressly authorized by these Terms.

By uploading Content to the HG Site, you grant HG a non-exclusive, non-transferable, royalty-free, revocable, world-wide license to use the Content in any manner to provide, maintain and/or improve the HG services. HG shall not resale the Content or use it for promotional purposes, unless otherwise provided in writing by the Content rights holder. Upon written request from the holder of rights in the Content or upon termination of such user's account or listing, HG shall discontinue its use of and license in the Content within a reasonable period of time and in a reasonable, practicable manner. HG shall not be responsible for the continued use of the Content (whether use by HG negligence or the negligence of a third party) unless Content right holder makes a written request that HG discontinue use of such Content, and HG fails to comply with such request within a reasonable period of time. By uploading Content to the HG Site, you understand your Content may be shared or used in any manner permissible under these Terms by HG users. HG claims no responsibility for any sharing of Content by users with third-party organizations (including, but not limited to social networks), any misuse of the Content by the Users.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, sharing options, classified advertising, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate and broadcast with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

When using Communication Services, you shall be prohibited from using such to, without limitation: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload any files that contain software or other material protected by intellectual property laws (by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

HG has no obligation to monitor the Communication Services. However, HG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HG reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HVS's sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. HG is under no obligation to control the content, messages or information found in any Communication Service and, therefore, HG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HG spokespersons, and their views do not necessarily reflect the views of HG.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

REPORT OF CONTENT ABUSE

If you feel any uploaded Content you view on the Site may be unlawful or may breach this Agreement or otherwise infringes upon another's intellectual property rights, you may note such alleged abuse to HG via methods proscribed on the Site. Your report of any alleged abuse shall be kept anonymous.

THIRD PARTY ACCOUNTS

You may be able to connect your HG account to third party accounts to share both Content and the result of the use of HG service, including, but not limited to sharing search results on social media sites. By connecting your HG account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner do not use this feature.

INTERNATIONAL/NON-CALIFORNIA RESIDENT USERS

The Service is controlled, operated and administrated by HG from our offices within the State of California, U.S.A. If you access the Service from a location outside the State of California, U.S.A., you are responsible for compliance with all applicable laws. You agree that you will not use the HG Content accessed through the HG Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless HG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or Services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with HG in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

HG IT'S AFFILIATES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

ARBITRATION

Any claim or controversy arising out of or relating to the Terms shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction in the State of California. The arbitrators shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

TERMINATION/ACCESS RESTRICTION

HG reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HG as a result of this agreement or use of the Site. HVS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HVS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HG with respect to such use. If any part of this Agreement is 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 shall 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.

Unless otherwise specified herein, or specified in writing by all parties involved, this Agreement constitutes the entire agreement between the user and HG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HG with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

HG reserves the right, in its sole discretion, to change the Terms under which the HG Site is offered. You continued use of the Site shall constitute acceptance of any changes to the Terms. The most current version of the Terms shall supersede all previous versions. HG encourages you to periodically review the Terms to stay informed of our updates.

WAIVER/SEVERABILITY

HVS's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision or part thereof these Terms or Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that nearly as possible reflects the terms of the unenforceable provision or part thereof.

GOVERNING LAW

The Site is controlled, operated and administered by HG from within the State of California, U.S.A. The Site can be accessed from any country or U.S. State. As each jurisdiction has laws that may differ from those of the State of California, U.S.A., by accessing this Site, you acknowledge and agree that all matters relating to the use of the Site shall be governed by the laws of the State of California, U.S.A. and the federal laws of the U.S.A. applicable therein. Use of the Site may be unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

CONTACT US

HG welcomes your questions or comments regarding the Terms:

Updated 08/20/2016

Have a legal question or concern? Email our legal team at help@homegather.com