Agreement between User and www.houzd.com
Welcome to www.houzd.com. The www.houzd.com website (the “Site”) is comprised of various web pages operated by Houzd LLC (“Houzd”). www.houzd.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.houzd.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.houzd.com is an E Commerce Site.
The purpose of this website is to provide technology and lead generation to real estate agents to systematize and grow their businesses.
Visiting www.houzd.com or sending emails to Houzd 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 requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Houzd is not responsible for third party access to your account that results from theft or misappropriation of your account. Houzd and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Houzd does not knowingly collect, either online or offline, personal nformation from persons under the age of thirteen. If you are under 18, you may se www.houzd.com only with permission of a parent or guardian.
You may cancel your subscription at any time. Refunds will not be given for the remaining portions of the month that you have already paid. Your subscription will officially end at the end of the current billing cycle in which you cancelled.
Links to Third Party Sites/Third Party Services
www.houzd.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Houzd and Houzd 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. Houzd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Houzd of the site or any association with its operators.
Certain services made available via www.houzd.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.houzd.com domain, you hereby acknowledge and consent that Houzd may share such information and data with any third party with whom Houzd has a contractual relationship to provide the requested product, service or functionality on behalf of www.houzd.com users and customers.
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 Houzd or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will 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. Houzd 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 will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Houzd 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 Houzd or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Houzd account to third party accounts. By connecting yourHouzd account to your third party account, you acknowledge and agree that you are consenting tothe continuous release of information about you to others (in accordance with your privacy settingson those third party sites). If you do not want information about you to be shared in this manner,do not use this feature.
The Service is controlled, operated and administered by Houzd from our offices within the USA. Ifyou access the Service from a location outside the USA, you are responsible for compliance withall local laws. You agree that you will not use the Houzd Content accessed throughwww.houzd.com in any country or in any manner prohibited by any applicable laws, restrictions orregulations.
You agree to indemnify, defend and hold harmless Houzd, its officers, directors, employees,agents and third parties, for any losses, costs, liabilities and expenses (including reasonableattorney’s fees) relating to or arising out of your use of or inability to use the Site or services, anyuser postings made by you, your violation of any terms of this Agreement or your violation of anyrights of a third party, or your violation of any applicable laws, rules or regulations. Houzd reservesthe right, at its own cost, to assume the exclusive defense and control of any matter otherwisesubject to indemnification by you, in which event you will fully cooperate with Houzd in assertingany available defenses.
In the event the parties are not able to resolve any dispute between them arising out of orconcerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, orotherwise at law or in equity for damages or any other relief, then such dispute shall be resolvedonly by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a singleneutral arbitrator and administered by the American Arbitration Association, or a similar arbitrationservice selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’saward shall be final, and judgment may be entered upon it in any court having jurisdiction. In theevent that any legal or equitable action, proceeding or arbitration arises out of or concerns theseTerms and Conditions, the prevailing party shall be entitled to recover its costs and reasonableattorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms andConditions or any disputes arising as a result of these Terms and Conditions, whether directly orindirectly, including Tort claims that are a result of these Terms and Conditions. The parties agreethat the Federal Arbitration Act governs the interpretation and enforcement of this provision. Theentire dispute, including the scope and enforceability of this arbitration provision shall bedetermined by the Arbitrator. This arbitration provision shall survive the termination of these Termsand Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; classarbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’SINDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANYPUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCHAS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THEOTHER. Further, unless both you and Houzd agree otherwise, the arbitrator may not consolidatemore than one person’s claims, and may not otherwise preside over any form of a representativeor class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN ORAVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES ORTYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THEINFORMATION HEREIN. HOUZD LLC AND/OR ITS SUPPLIERS MAY MAKEIMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HOUZD LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THESUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OFTHE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “ASIS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOUZD LLC AND/ORITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITHREGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONSOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.
Houzd reserves the right, in its sole discretion, to terminate your access to the Site and the relatedservices or any portion thereof at any time, without notice. To the maximum extent permitted bylaw, this agreement is governed by the laws of the State of Utah and you hereby consent to theexclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the useof the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists betweenyou and Houzd as a result of this agreement or use of the Site. Houzd’s performance of thisagreement is subject to existing laws and legal process, and nothing contained in this agreement isin derogation of Houzd’s right to comply with governmental, court and law enforcement requestsor requirements relating to your use of the Site or information provided to or gathered by Houzdwith respect to such use. If any part of this agreement is determined to be invalid or unenforceablepursuant to applicable law including, but not limited to, the warranty disclaimers and liabilitylimitations set forth above, then the invalid or unenforceable provision will be deemed supersededby a valid, enforceable provision that most closely matches the intent of the original provision andthe remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the userand Houzd with respect to the Site and it supersedes all prior or contemporaneouscommunications and proposals, whether electronic, oral or written, between the user and Houzdwith respect to the Site. A printed version of this agreement and of any notice given in electronicform shall be admissible in judicial or administrative proceedings based upon or relating to thisagreement to the same extent and subject to the same conditions as other business documents andrecords originally generated and maintained in printed form. It is the express wish to the partiesthat this agreement and all related documents be written in English.
Changes to Terms
Houzd reserves the right, in its sole discretion, to change the Terms under which www.houzd.comis offered. The most current version of the Terms will supersede all previous versions. Houzdencourages you to periodically review the Terms to stay informed of our updates.