Terms of Use
Last modified: May 18, 2024
Our Role
Thank you for your interest in HomesReports its group of companies, including ActionWeb, corp, collectively referred to as the “HomesReports” “we,” “us,” or “our.” By purchasing a reports, registering, creating a new account, or by making use of our website or any other services offered by HomesReports (together, the “Services”), or by accessing any content we provide through the Services, you are consenting to comply with the terms of Use set forth herein, which may be updated periodically (the “Terms of Use”).
Unless explicitly specified by these Terms of Use, THE SERVICES ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, HomesReports may serve advertisements based on the information we collect through the Services. See our Privacy Policy for more details.
HomesReports principals have a real estate license in certain states, however, HomesReports does not provide any real estate advices, assessments or assistance and unless provided for in our Terms of Use, HomesReports assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services.
Eligibility
To utilize the Services, you must be 18 years or older. By accepting these Terms of Use, you confirm that: (a) you meet the minimum age requirement of 18; (b) you have never been suspended or removed from the Services; and (c) your use of the Services is in full compliance with all relevant laws and regulations. Registration for an account may be necessary to access certain features of the Services, and this will involve agreeing to our Terms of Use. During registration, you’ll need to provide certain personal details such as your email address, phone number, or other contact information. It’s important that the information you supply is both accurate and current.
Upon creating an account, you will choose a password. It’s your responsibility to keep your account and password confidential, and you will be accountable for all activities that occur under your account. You must not share your account with anyone else. The Services are intended for your personal use only, unless a commercial agreement with us specifies otherwise, allowing you to conduct transactions on behalf of another individual.
Use of the Services; Restrictions.
You are not permitted to alter, publish, broadcast, display, engage in the sale or transfer, create derivative works from, or in any manner exploit the Service(s) or any content contained within, either partially or in full. However, you may utilize the “share” function provided by HomesReports on any Service to share a link to the Service (i) on your social media pages such as Facebook, Twitter, or Google Plus, or (ii) with individuals via email. Unless explicitly allowed under these Terms of Use or by copyright law, you cannot copy, redistribute, republish, or commercially exploit any Service without direct written consent from HomesReports or the rightful copyright holder. In cases where copying, redistribution, or publishing of copyrighted material is allowed, you must not alter or remove any author credit, trademark, or copyright notices. You acknowledge that downloading, printing, or using the site and/or any Service does not grant you any ownership rights over the copyrighted material.
YOU ARE PROHIBITED FROM USING ANY AUTOMATED TOOLS LIKE ROBOTS OR SPIDERS FOR DATA MINING OR COLLECTION FROM ANY SERVICE. HomesReports grants you access to the Service(s) strictly for personal and non-commercial use. You may not resell or utilize the Service(s) for any commercial purposes. YOU MUST NOT allow the disassembly, decompilation, reverse engineering of any Service, or the creation of derivative works therefrom; permit unauthorized access to any Service; commercialize, lease, transfer, or sublicense any Service to others; engage in or support activities like “screen scraping” or “database scraping” to obtain vehicle lists or other data; use framing techniques to enclose any proprietary information of HomesReports without written consent; employ hidden texts using HomesReports’s trademarks without permission; misuse the Services against these Terms of Use or applicable laws; or introduce viruses or harmful code intended to disrupt or damage the Service. The systematic retrieval of data from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without HomesReports’s express written permission is expressly forbidden. Misuse of the Site that could impair its functionality or interfere with others’ enjoyment of the Site or any Service is not allowed.
These stipulations benefit HomesReports and its associates, all of whom have the right to enforce these provisions directly. Illegal or unauthorized use of any Service, including activities that are fraudulent, objectionable, inappropriate, or in violation of these Terms of Use, the rights of HomesReports, affiliates, licensors, other parties, or laws and regulations, will be subject to investigation. HomesReports reserves the right to take legal action, including civil and criminal proceedings, and to seek restraining orders and injunctions as deemed necessary. You agree that monetary damages may not suffice as a remedy for such violations and consent to injunctive or other equitable relief without HomesReports needing to post a bond.
No Advice. The Services may include tools and information that assist you in evaluating data and making decisions regarding your real estate transactions. HomesReports strongly recommends that you use the Services as one important tool, along with your independent research and investigation, to make a better decision about your real estate goals. You assume full responsibility with respect to your decisions and transactions using the Services.
Disclaimer. You expressly agree that use of the Services is at your sole risk. HomesReports shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all data, opinions, advice, services and other content provided on the Site. None of the HomesReports Parties warrant that the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy or reliability of any information, service, or materials provided through the Services. You understand and agree that any alerts provided to you through any Services may be delayed or prevented by a variety of factors. None of the HomesReports Parties guarantee the delivery or accuracy of the content of any alert. You also agree that none of the HomesReports Parties shall be liable for any delays, failure to deliver or misdirected delivery of any alert, for any errors in the content of an alert or for any actions taken or not taken by you or any third party in reliance on an alert. You acknowledge that HomesReports collects data from public records and other sources for use in the Services and that this data may contain errors and omissions. The HomesReports Parties do not guarantee the correctness or completeness of the Services and none of the HomesReports Parties will be liable for any loss or injury caused, in whole or part, either by its negligence or circumstances beyond its control in procuring, compiling, collecting, interpreting or making available the Services. You understand that not all information is available for all states and that HomesReports does not have access to some information that may be available to other parties. You also understand there may be a period of time between receipt of certain information by HomesReports and its inclusion of such information into the Services. The Services are not intended to provide any conclusions regarding the condition of any real estate property and you should use independent research and your own good judgment in making the best decisions about your real estate decisions. You recognize that HomesReports’s sole obligation in the case of erroneous data, when notified in writing by you of such erroneous data, is correction of the record in question.
NO WARRANTIES. THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE, TOOLS AND CONTENT CONTAINED THEREIN, IS PROVIDED TO YOU “AS IS.” HomesReports PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IN REGARD TO QUALITY, AVAILABILITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE PROPERTIES ABOUT WHICH INFORMATION IS POSTED ON THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HomesReports IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF DAMAGES OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. You shall exercise your own independent judgment in determining the applicability, accuracy, reliability and suitability of the Service for your purposes.
Fees
To access certain reports or features within the Services, you might need to pay fees. All charges are made in U.S. dollars and are non-refundable unless no report has been generated. Should there be any changes to our fee structure, including the introduction of new fees or charges for any part of the Services, we will notify you in advance. The payment method you provide at the time of your purchase or as part of the service agreement will be processed by our trusted third-party payment processors. By choosing a service, you give us permission to bill your chosen payment method for the fees detailed in these Terms of Use. In cases where you use a credit card for payment, we may conduct a pre-authorization check to ensure the card is valid and has sufficient funds or credit to complete the transaction.
The Services may feature options for subscriptions that involve recurring payments for ongoing charges, known as a “Subscription Service.” By opting into a Subscription Service, you agree to allow us to automatically charge your account for all due amounts periodically, continuing until you cancel the subscription or your account itself. The subscription remains active until you decide to cancel it or we decide to end it. To prevent the next cycle’s subscription fee from being charged to your account, you must cancel the Subscription Service before the renewal date. The periodic subscription fee will be charged to the payment method you specified when signing up (or to an alternative method if your payment details change). We reserve the right to modify the subscription fee for any future period but will notify you in advance of any fee increase. Unless specified differently in these Terms of Use, you can cancel a Subscription Service via your account settings, or by emailing us at info@homesreports.com.
User's material
Parts of the Services might permit users to upload or submit various forms of content, such as images, videos, data, text, listings, etc., referred to as “User Materials.” In the absence of any specific additional terms in our Terms of Use, when you upload or provide User Materials to the Services, you are granting us a non-revocable, perpetual, royalty-free global license to: (i) utilize, copy, distribute, broadcast, display, perform, reproduce, alter, create derivative works from, and translate your User Materials both within the Services and in any external media; and (ii) grant sublicenses to these rights as allowed by law. We are not obligated to compensate you for your User Materials or the rights exercised under this agreement. We reserve the right to delete or alter your User Materials at our discretion. You bear full responsibility for all User Materials posted through your account(s) or shared via the Services. You affirm and guarantee that you either own the User Materials or possess all necessary licenses, rights, consents, and permissions, including those needed under relevant privacy and intellectual property laws, to authorize HomesReports and other users to access and use your User Materials as outlined in these Terms of Use.
Intellectual Property
You acknowledge that all Services contain copyrighted material, trademarks, and other proprietary information. The Services, including the content and the organization, layout, arrangement and design elements of the Site and each individual page of the Site, and all intellectual property relating either directly or indirectly to the Services, including but not limited to patents, design rights, copyrights, trademarks, service marks, database rights (including, but not limited to information provided by you), trade secrets, know-how and all derivative works thereof (collectively, “Intellectual Property”), are and will remain the property of HomesReports or its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You shall not in any manner attempt to obtain any right, title, or interest, by registration, patent, copyright or otherwise in or to such Intellectual Property or any derivative thereof. You shall not take any action that jeopardizes, limits or interferes with HomesReports or its affiliates’ ownership of and/or right to use the Intellectual Property.
Trademarks and Patents. All trademarks and service marks of HomesReports and its affiliates displayed in connection with any Service are subject to state, federal, and/or international trademark protection. Unless expressly authorized by HomesReports, you may not use any trademarks or service marks that you access through any Service with any product or service that is not provided by HomesReports, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit HomesReports and its affiliates. All other trademarks appearing in the Services are the property of their respective owners, including third-party providers of products and services with links to and from the Services.
Limitation of Liability
LIMITATION OF LIABILITY. IN NO EVENT WILL ANY OF THE HomesReports PARTIES BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICE; THE ACCESS, USE OR OPERATION OF ANY SERVICE; OR ANY DEFECTS OR ERRORS OF ANY KIND IN ANY SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF THE SERVICES. IF APPLICABLE LAW IN YOUR STATE DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE HomesReports PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SERVICES.
Indemnification. You agree to defend, indemnify, and hold harmless HomesReports Parties from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of (i) your use of any Service or any content therein, (ii) any distribution, publication, refusal to publish, deletion, editing or other use of any Submission you provide, (iii) your violation of these Terms of Use, (iv) your violation or infringement of any third party’s rights, or (v) any actual, prospective or terminated sale or other transaction between you and a third party.
Termination. HomesReports reserves the right to terminate your access and use of any or all Services upon your violation or breach of any provision of these Terms of Use. HomesReports also reserves the right to suspend or terminate any Service, in whole or in part, at any time for any reason or for no reason.
Dispute Resolution; Governing Law; Jurisdiction and Venue.
(a) MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER.
- You and HomesReports both agree that any and all disputes or claims arising out of or relating in any way to any Services, or from any advertising for any such Services, including any question regarding the existence, validity, or termination of these Terms of Use, as well as any issue regarding the interpretation of this Section, will be resolved by binding arbitration before a sole arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify and HomesReports may pursue a collection action against you in court. This also includes any claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.
- Arbitration uses a neutral arbitrator instead of a judge and jury. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would. Arbitration procedures allow for more limited discovery, and court review of an arbitration award is limited.
i. If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to HomesReports, by certified mail, a written notice of your claim that (a) describes the nature and basis of the claim or dispute; (b) sets forth the specific relief sought and (c) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: General Counsel, HomesReports, 18851 ne 29th Ave, Aventura, FL 33180 (“Notice Address”). If HomesReports and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or HomesReports may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form to initiate arbitration at www.adr.org.
ii. The arbitration will be governed by the AAA’s then current Consumer Arbitration Rules, as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In the event of any conflict between these Terms of Use and the AAA Consumer Arbitration Rules, the Terms of Use will apply.
iii. You will be responsible for the filing fees and the parties will pay equal shares of any administrative and arbitration fees, including the arbitrator’s compensation, except for such fees that the AAA Consumer Arbitration Rules require HomesReports to pay in full. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
iv. You and HomesReports agree that you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing. If your claim exceeds US$25,000, the right to a hearing will be determined by the arbitrator.
v. You and HomesReports agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. If this provision is found to be unenforceable, then the entirety of this Section shall be null and void.
vi. Any arbitration will be confidential. Neither you, HomesReports, the AAA nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by law or for purposes of enforcing or challenging of the arbitration award.
(a) You may opt out of this dispute resolution procedure by providing written notice to HomesReports at the Notice Address no later than 30 calendar days from the date of your purchase of the applicable HomesReports Services (or date of first use, in the case of free Services). Such opt out will apply only to any Services that you purchased or used and which you specifically identify in the notice; provided, however, it will not apply either retroactively or prospectively to any other Services. If you purchase or use additional HomesReports Services in the future and wish to opt out of this dispute resolution procedure for those Services, you will have to submit a new written notice. Opting out of this dispute resolution procedure will not otherwise affect the coverage or applicability of these Terms of Use, or your ability to purchase or use Services, in any way.
(b) Governing Law. By establishing a HomesReports account or purchasing or using any Services, you agree that the Federal Arbitration Act, applicable federal law, and laws of the State of Florida, without regard to its conflict of laws rules, including, but not limited to, the Uniform Computer Information Transactions Act (“UCITA”), will govern these Terms of Use, as well as any dispute of any sort that might arise between you and HomesReports.
(c) Jurisdiction and Venue. If for any reason a claim proceeds in court rather than in arbitration or small claims court, including if you opt out, we each waive any right to a jury trial and agree that any such proceeding shall be conducted only on an individual basis and not in a class, representative, consolidated or mass action. Under such circumstances, except for a collection action by HomesReports, you and HomesReports agree that jurisdiction and venue for all matters relating to these Terms of Use shall be vested exclusively in the state courts in Miami-Dade County, Florida. If any part of this is found to be unenforceable, the remainder of this Section shall still be given full force and effect.