TERMS OF SERVICE

THE SERVICE

Use of the HOMECELLERS service may result in standard messaging and data rates as charged by your wireless carrier. HOMECELLERS does not charge any messaging fees. HOMECELLERS is a best-in-class mobile marketing service for real estate professionals featuring text-for-information and lead generation technologies. With HOMECELLERS, you can leverage the use text IDS and QR codes to drive buyer engagement with your listings. With every text message inquiry, you get the phone number of the potential buyer for direct follow-up. Your leads are your business. We will not sell, rent and/or distribute leads that you generate through your marketing efforts in any way pursuant to strict adherence to our Privacy Policy.

Agents can subscribe to the HOMECELLERS service by visiting www.homecellers.com.

The HOMECELLERS service may include marketing and promotional communications sent to subscribers (real estate professionals) via email including, but not limited to, announcements, messages and newsletters. Unless otherwise stated, all new features launched by HOMECELLERS shall be subject to the current Terms and Conditions.

AGENT SUBSCRIPTION PRICING

Tiered pricing as noted on this website. If there are any free trial periods offered by HOMECELLERS, billing would begin the day following the end of the free trial.

BILLING POLICY

All service fees are billed monthly in advance. Subscribers may cancel their individual account at any time without a cancellation fee, however pro-rata refunds will not be granted.

ACCOUNT, PASSWORD AND SECURITY

Upon sign-up and registration, we collect email addresses and assign passwords that are used to identify subscribers within the HOMECELLERS system. Our subscribers are responsible for maintaining the confidentiality of their password and account, and are fully responsible for all activities that occur under that password and account. Subscribers are encouraged to immediately notify HOMECELLERS of any unauthorized use of their password or account or any other breach of security. HOMECELLERS cannot and will not be liable for any loss or damage arising from failure to comply with this condition of use.

MEMBER CONDUCT

As a subscriber to the HOMECELLERS service, you agree to abide by the following and NOT:

  • Upload, post, email, transmit or otherwise make available any content or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

  • Intentionally or unintentionally harm minors in any way.

  • Upload, post, email, transmit or otherwise make available any content or material without the right to do so under any law or under contractual or fiduciary relationships.

  • Upload, post, email, transmit or otherwise make available any content or material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

  • Upload, post, email, transmit or otherwise make available any content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  • Interfere with or disrupt the HOMECELLERS service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.

  • Intentionally or unintentionally violate any applicable local, state, national or international law.

 

You acknowledge that HOMECELLERS may or may not pre-screen content, but that HOMECELLERS and its designees shall have the right (but not the obligation) to pre-screen, refuse, or remove any content that is available through the service. Without limiting the foregoing, HOMECELLERS and its designees shall have the right to remove any content that violates the Terms and Conditions or is otherwise objectionable. You agree to evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You understand that the technical processing and transmission of the service, including your content, may involve transmissions over various networks.

You understand that the service and software may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by HOMECELLERS and/or content providers who provide content to HOMECELLERS. You may not attempt to override or circumvent any of the usage rules embedded into the service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the service, in whole or in part, is strictly prohibited.

INDEMNIFICATION

You agree to indemnify and hold HOMECELLERS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the Terms and Conditions, or your violation of any rights of another.

MODIFICATIONS OF SERVICE

HOMECELLERS reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that HOMECELLERS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

TERMINATION

You agree that HOMECELLERS may, under certain circumstances and without prior notice, immediately terminate your account and access to the HOMECELLERS service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the service. Termination of your HOMECELLERS account includes (a) removal of access to all offerings within the service (b) deletion of your password and all related information, text associated to codes, activity reports and content associated with or inside your account (or any part thereof), and (c) barring further use of the service (unless otherwise approved). Further, you agree that all terminations for cause shall be made in HOMECELLERS’ sole discretion and that HOMECELLERS shall not be liable to you or any third-party for any termination of your account or access to the service.

PROPRIETARY RIGHTS

You acknowledge and agree that the HOMECELLERS service and any software used in connection with the service may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by HOMECELLERS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.

DISCLAIMER OF WARRANTIES

You understand and agree that your use of the HOMECELLERS is at your risk. HOMECELLERS disclaims all warranties, whether express or implied. HOMECELLERS makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free.

LIMITATION OF LIABILITY

You understand and agree that HOMECELLERS is not liable for any direct or indirect damages you incur as a result of being a subscriber to the HOMECELLERS service including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or inability to use the service.

TRADEMARK

The HOMECELLERS name and logo are trademarks of HOMECELLERS, LLC. HOMECELLERS grants permission to use marks on advertising brochures, signs and other real estate-oriented marketing campaigns. All other uses not associated with the use of the HOMECELLERS service are expressly prohibited without prior written consent from HOMECELLERS.

USE OF COMPANY LOGOS

You understand and agree that logo designs and/or artwork associated with custom mobile interfaces offered by HOMECELLERS from time to time, are the sole intellectual property of the copyright and/or trademark holder and are being offered to you as a convenience for lawful use with proper permission from the copyright and/or trademark holder only. By using a custom branded interface, you warrant that you are an agent, broker and/or affiliate of said company and you have the express permission to use the logo design and/or artwork for commercial purposes without infringing on the rights of the copyright and/or trademark holder. You subsequently understand that use of any logo without such permission is a violation of international copyright and trademark laws subject to specific financial and criminal penalties. HOMECELLERS reserves the right to remove any logo design and/or artwork from a customized mobile interface if and as instructed by the copyright and/or trademark holder.

ENTIRE AGREEMENT

The Terms and Conditions govern your use of the HOMECELLERS service, superseding any prior agreements between you and HOMECELLERS with respect to the Service.

The relationship between you and HOMECELLERS shall be governed by the laws of the State of California.

The failure of HOMECELLERS to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

© 2017 HOMECELLERS, LLC