This Website is provided by Hommati Franchise Network, Inc., together with its affiliates, franchisees and subsidiaries (collectively, "Hommati"). The "Website" includes, without limitation: (a) all Websites, services, mobile Websites or mobile applications owned or provided by Hommati, and all services offered on this Website or through www.Hommati.com ("Services"); (b) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers, coupons or discounts and Hommati, marketing materials, press releases, and other information and content available on or submitted on or through www.Hommati.com. By accessing or using the Website, you agree to comply with and be bound by the following terms and conditions ("Terms of Use") and the Hommati’s Privacy Statement.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE OR MOBILE SITE OR THE HOMMATI MOBILE APP.
UPDATES
Hommati may revise these Terms of Use or our Privacy Statement at any time. If Hommati decides to change these Terms of Use, Hommati will post the changes to these Terms of Use and other places Hommati deems appropriate so that you are aware of the change(s). Any changes will be effective upon posting as revised, and your continued use of the Website following the posting will constitute your acceptance of the Terms of Use as revised.
PRIVACY
Hommati considers protecting your personal data very important, and has developed a Privacy Policy describing Hommati’s data collection policies and practices, which is incorporated into these Terms & Conditions by reference as if set forth in its entirety herein.
FRANCHISED LOCATIONS
You agree, acknowledge and understand that Hommati is a national franchise system that is independently owned and operated by local franchisees under a franchise agreement with Hommati Franchise Network, Inc
PERMISSABLE USE OF THE WEBSITE, MOBILE SITE OR MOBILE APPS
Access to and use of password protected or secure areas of the Website is restricted to authorized users only. You agree that you will not share your password(s), account information, or access to the Website. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Website. You agree to notify Hommati immediately of any unauthorized use of your password(s) or account(s). You agree that Hommati will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Hommati or another due to someone else using your account or password. You may not use anyone else account at any time, without the permission of the account holder. Unless you are a Real Estate Agent or Broker using are services for professional purposes you agree to use the Website, Mobile Site or Mobile App strictly for your personal use, and your use is limited to transactions done on your own behalf. Real Estate Agents and/or Brokers agree to use the Website, Mobile Site or Mobile App strictly for the purpose of posting or updating homes for sale.
FURTHER RESPONSIBLITIES
You agree to provide true, accurate, current and complete information about yourself on the Website and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue or inaccurate, or Hommati has reasonable to suspicion that such information is untrue or inaccurate, or you otherwise have violated these Terms of Use, Hommati has the right to suspend or terminate your account and refuse any or all current or future use of the Website and/or Services
SERVICES
Hommati may change the Services offered on or through the Website at any time without notice. Hommati makes no representation that the Website is available for use in your location, and a reference to Services within the Website does not imply that the Services will be available to you and/or in your location.
CONTENT
All Content, including without limitation, any home listing, video, photo, 3D Interactive Tour and/or Real Estate Profile on or through the Website for informational purposes only. Hommati makes no representation or guarantee that the Content is accurate, complete or timely, and reliance on any information within the Content or provided on or through the Website is solely at your own risk. Hommati forbids the use of all data on the website, mobile site and mobile app for anything other than end-user property searches. Every reasonable effort is made to ensure the accuracy of information contained, Hommati makes no warranties or representations as to the accuracy or relevance of the data provided, and assumes no liability or responsibility for any errors regarding the reliability of the website or data contained within.
All information found on the Hommati website, mobile site and mobile app is provided to users as a free service and is paid for by membership fees and other services sold to real estate agents and brokers, or others in the real estate businesses. Hommati is not a real estate agency or broker.
Users may not distribute any content found on the Hommati website, mobile site or mobile app for public or commercial purposes without our expressed written permission.
Information found on the Hommati website, mobile site and mobile app is provided by outside data sources, but is ultimately provided by the listing agent or brokerage. All information found on the Hommati website, mobile site and mobile app should be verified by the listing agent, brokerage, buyer or seller. Neither Hommati or its data providers, parent companies, partners, agents or brokers can be held liable for any errors or information contained on the website.
FEEDBACK
All comments submitted by you to Hommati through the Website, including without limitation, feedback, testimonials, comments, ideas, or suggestions (collectively, "Feedback") shall be received and treated by Hommati on a non-confidential and unrestricted basis. Further, Hommati shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, commercial solicitations, or any form of "spam".
THIRD PARTY CONTENT
The Website provides access to home listing, photos, videos, 3D Interactive Tours and services of third parties, and Hommati makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability, and you bear all risks associated with your access and use of this Website, mobile site and mobile apps and third-party content, products and/or services. You agree that these Terms & Conditions are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website, mobile site and mobile apps and the materials and information available on it. You understand and agree that the Website, mobile site and mobile apps and all content on it is provided on an "as is" and "as available" basis, "with all faults," and without warranty of any kind, either express or implied. Hommati assumes no responsibility for the timeliness or accuracy of information appearing on it.
LISTING TERMS AND CONDITIONS
By submitting a listing to Hommati, you agree to be bound by and accept the following terms. These terms are subject to change without prior notice at any time, in Hommati's sole discretion so you should review them each time you submit or post a listing.
Agent and/or Broker represent and warrant that they own or otherwise controls all of the rights to the content that it posts on this website, mobile site or mobile app and that this content is accurate nor does the content they provide violate Hommati’s Terms and Conditions or any applicable law; and the Agent and/or Broker will indemnify and hold harmless Hommati from and against any and all claims, damages or other liabilities suffered by Hommati as a result of the content supplied by the Agent and/or Broker.
Hommati reserves the right to edit or exclude any listings provided by agent or broker, to charge for its services, modify these fees at any time upon and to modify these Terms and Conditions at any time for any reason.
Hommati disclaims any and all warranties (express or implied) with respect to the services provided by Hommati and the technology used to provide these services, all of which are provided on an "as-is, where-is" basis.
Hommati does not represent, guarantee or warrant that any payment made by Agent or broker for membership fee or other services will result in a successful sale of their listings.
OWNERSHIP
All right, title and interest in and to the Website and Content are and shall remain the intellectual property and copyrighted works of Hommati and/or its licensors, and all rights not expressly granted to you with respect to the Website and Content shall be expressly reserved. You may not use any Hommati name, trademark, logo or other proprietary materials, including images posted on the Website, the Content of any text or the design of any page, or form contained on a page, without Hommati’ express prior written consent. Except as stated in these Terms of Use, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Hommati or the respective owner.
DISCLAIMER
Except where expressly provided otherwise, the Website is provided on an "as is" and "as available" basis. Hommati expressly disclaims all warranties of any kind, whether express or implied, including without limitations, all implied warranties of all home listings and Real Estate Agent Profiles. Hommati makes no warranty that the Website, services and products offered by Real Estate Agents or Brokers will meet your requirements, nor that the Website will always be available on an uninterrupted, timely, secure or error- free basis. That the results that may be obtained from the use of this Website will be accurate, timely or reliable or that the quality of any products or services obtained by you through this Website will meet your expectations. Any products or services ultimately obtained through the use of this Website will be used by you at your own risk. Hommati shall have no responsibility or liability for any loss, claim from that use or damage to your computer system or loss of data that results from use of this Website or its content.
LIMITATION OF LIABILITY
In no event shall Hommati or its franchisees, partners, shareholders, officers, Real Estate Agents of Brokers be liable for any direct, indirect or incidental damages or damage for loss of profits, revenue, data or use incurred by you or any third party, whether in an action in contracts or tort, arising from your access to, or use of, or inability to use the Website or any services, software or content provided on or through the Website, Mobile Site or Mobile Apps, even if Hommati has been advised of the possibility of such damages or losses, notwithstanding the foregoing, the total liability of Hommati or it’s franchisees, partners, Real Estate Agents of Brokers shall be limited to the cost of using this Website, if any.
LIMITATIONS
Some jurisdictions many not allow the disclaimer or exclusion of certain warranties or liabilities, to the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these Terms of Use do not apply, however, all other terms and conditions shall apply and remain in full force and effect.
INDEMNITY
You agree to defend, indemnify and hold Hommati and its officers, directors, employees, agents, franchisees and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney’s fees and litigation expenses), arising out of or relating to your use of the Website, Services, Software or Content or your violation of these Terms of Use.
TERMINATION
Hommati has the right, but not the obligation, to monitor any activity on the Website. Hommati may disclose information from the Website to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation. Hommati may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Website, or any applicable Services, Software or Content. In addition, Hommati may, in its sole discretion and at any time, discontinue providing or limit access to the Website or any areas of the Website
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, without resort to its conflict of law principles. Regardless of where you access or use the Website, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or state courts located in Franklin County, Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use.
COMPLIANCE WITH LAWS
You agree not to use the Website, Services, Products or Content provided on or through the Website for any purpose that is unlawful or prohibited by these Terms of Use.
GENERAL
These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an "original" and "in writing" when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by Hommati of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between Hommati and you regarding the subject matter set forth herein and supersede all prior agreements and representations between Hommati and you.
LICENSED CONTENT DUPLICATION
Hommati receives listing information and content from various Multiple Listing Services. Agent and/or broker are given credentials and dashboard access and have the option to modify or add listings that will overrule the sync we receive from their MLS.
CHARTER AND/OR FEATURED AND/OR LIMITED AGENT MEMBERSHIP
If you are a real estate agent or broker who views, uses, or accesses the website/mobile site/mobile app for free, you are a "Limited Agent." If you are viewing, using or accessing the website/mobile site/mobile app under a premium subscription, you are a "Featured Agent" and/or a "Charter Agent".
Membership privileges are granted by Hommati to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Hommati. By completing the registration process, you become either a Limited Agent or a Featured Agent and you represent and warrant that the information you provide is true, accurate, complete, and current. Each Limited Agent or Featured Agent must maintain a valid email address and a password, which shall be utilized for logging on to Hommati. Limited or Featured Agents are not permitted to share their individual login information with others. Hommati has the right to refuse or terminate service to any Limited or Featured Agent, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by these Terms and Conditions. In order to view all leads, the Limited Agent must upgrade to a Featured Agent. A Limited Agent may also list properties on the Hommati website/mobile site/mobile app, but those listings will only be able to be viewed in the search results after Featured Agents listings are viewed as Featured Agent listings receive priority ranking.
Hommati utilizes email as a primary communication channel with Limited and/or Featured and/or Charter Agents, who hereby acknowledge and grant Hommati the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes Hommati determines to be relevant. Hommati will use best efforts to honor Member's request to opt out of marketing messages, but under no circumstances will Hommati have any liability for sending any email to its Limited or Featured Agents.
OWNERSHIP OF LICENSED CONTENT
CONTENT SUBMITTED TO HOMMATI
Limited and/or Featured and/or Charter Agents may submit to Hommati property descriptions, photographs, images, videos (which may include sound and/or music), contact or other information (collectively, the "Submitted Content") for each listing in Hommati. Hommati may also have Submitted Content sync in from various Multiple Listing Services on a nationwide basis.
By submitting a listing, Limited and/or Featured Agent represents, warrants and agrees that (a) you own or have the full right, power and authority to grant to Hommati the use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to Hommati; (b) Your license of such content to Hommati hereunder does not, and the use or license of such content by Hommati to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content; and (d) You will fully indemnify Hommati against any and all damages or other losses, and any related attorney's fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with your Submitted Content, including without limitation as a result of any claim brought by a third party in connection with your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Hommati website/mobile site/mobile app, Hommati acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant Hommati and its affiliates and their franchisees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Limited and/or Featured Agent further acknowledges and agrees that Hommati may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by Hommati and its franchisees and affiliates). Limited and/or Featured Agent agrees not to submit any Submitted Content to Hommati unless Limited and/or Featured Agent has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on Limited and/or Featured Agent website and Hommati's website. Specifically, Limited and/or Featured Agent will not submit a photograph or video if Limited and/or Featured Agent received the photograph from a third-party information provider under the terms of a license that does not allow posting of such photograph or video on the Hommati website. Limited and/or Featured Agent may only submit videos personally created by them or their direct employees or via Hommati services specifically. Limited and/or Featured Agent may not upload or otherwise submit videos created or produced by third-party video tour providers. Hommati may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Hommati may require additional evidence of compliance with this provision from Limited and/or Featured Agent who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. Hommati will, in its sole discretion, terminate the accounts of, and refuse service to, any Limited and/or Featured Agent who repeatedly or knowingly violates these binding Terms and Conditions. Hommati shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the Hommati website/mobile site/mobile app. Hommati shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. While Hommati will undertake reasonable efforts for data backup and business resumption, Limited and/or Featured Agent will be solely responsible for retaining back-up copies of all information, photographs, videos, 3D Tours and other materials it provides to Hommati.
CONTENT CREATED BY HOMMATI
Where Limited and/or Featured Agent’s listing incorporates content provided and or created by Hommati or its franchisees or affiliates, such as 3D Tours, Floor Plans, property photos, videos, slideshows, virtually staging or other images or information (collectively, "Hommati Materials"), Limited and/or Featured Agents are granted a limited, revocable, exclusive and non-sub-licensable license to use such Hommati Materials strictly in connection with Limited and/or Featured Agent Hommati listing on only for the original listing agent that paid for said license and is specified as the listing agent with the local MLS. This right allows Limited and/or Featured Agents to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing. This license will remain in effect for the period of time that the listing is Actively listed and any subsequent renewals of the listing agreement under the same agent who paid for the services. It is to be understood, that Hommati and its franchisees retain and jointly own all copyright ownership of Hommati Materials. Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice© and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement. All other rights to Hommati Materials are expressly reserved.
CONFIDENTIALITY AND SECURITY
Limited and/or Featured and/or Charter Agents are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Hommati is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth herein.
REFUND AND CANCELLATION POLICY
Limited and/or Featured and/or Charter Agents agree to pay for all services ordered through the Hommati website/mobile site/mobile app using the payment method indicated, and provides Hommati express authorization to automatically charge said fees to the payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Hommati, services ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered services. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Limited and/or Featured and/or Charter Agents. If payment is not current, Hommati may immediately cease to provide any and all services to the Limited and/or Featured and/or Charter Agents. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the services. At Hommati’s option, Limited and/or Featured and/or Charter Agents shall pay such taxes or fees directly or pay to Hommati any such taxes or fees immediately upon invoicing by Hommati. Hommati is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit My Hommati while you are logged in. Monthly membership fees, 3D One-time upload fees and 3D Tour Monthly Fees will automatically renew using the Featured Agent’s current credit card account number unless Featured Agent or Hommati cancels the subscription three (3) days prior to the renewal date. The fees paid for monthly subscriptions are non-refundable, regardless of whether the membership is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment memberships, will automatically renew for additional terms equaling the original term unless Featured Agent or Hommati provides thirty (30) days' advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. It is the Featured Agent’s responsibility to promptly provide Hommati with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.).
Featured Agent must notify Hommati about any billing problems or discrepancies within 60 days after charges first appear on their account statement. If it is not brought to Hommati’s attention within 60 days, Featured Agent agrees to waive their right to dispute such problems or discrepancies.
COPYRIGHT & TRADEMARK
Copyright © 2023 Hommati Franchise Network, Inc. All Rights Reserved. The Hommati logo is a federally registered trademark of Hommati Franchise Network, Inc. All other trademarks, logos and service marks are the property of Hommati Franchise Network, Inc. or their respective owners.
CONTACT INFORMATION
If you have any questions regarding these Terms of Use, please contact Hommati Franchise Network, Inc. at info@hommati.com or by mail at:
Hommati Franchise Network, Inc.
6264 S. Sunbury Rd Ste. 100
Westerville, OH 43081
