We’re excited that you have decided to access the homekeepr.com website (the “User Website”), homeowners.homekeepr.com (the “Homeowner Website”), pros.homekeepr.com (the “Real Estate Professional Website”), brokers.homekeepr.com (the “Broker Website”) (collectively the “Websites”), our Facebook and/or our other social media plugins (the “Social Media Plugins”), and/or our mobile applications (the “Mobile Apps,” and collectively with the Social Media Plugins and the Websites, the “Service”). This document constitutes a legally binding agreement governing the terms of providing you with our Service. The terms “we,” “us,” “our,” and “HomeKeepr” refer to Which Ventures, Inc, the company that owns and operates the Websites and the Mobile Apps.
THIS WEBSITE DOES NOT PROVIDE ADVICE. The Website and the Service are provided for informational purposes only. Other Registered Users may refer a Service Provider to you through the Service, but HomeKeepr is not a referral service, and neither HomeKeepr nor Registered Users, Real Estate Professionals or other users recommend or endorse in any way any specific Service Providers, nor do they guaranty or warranty the Services in any way. Reliance on the Websites and the Service is solely at your own risk. Any suggestion by a Real Estate Professional is in no way endorsed or suggested by the Real Estate Professional’s applicable real estate broker.
Berkshire Hathaway HomeServices does not endorse any of the products or vendors referenced on this material. Any mention of vendors, products or services is for informational purposes only.
Description of the Service
Among other things, HomeKeepr is a search engine that permits consumers, real estate professionals (“Real Estate Professionals”), and service professionals (“Service Providers”) to connect with each other. It also allows for Real Estate Professionals to provide a list of Service Providers for customers’ and clients’ use.
If you are a Registered User or Visitor, you can search for what you need using our Service, and we will display professionals who can provide the necessary service.
If you are a Service Professional, we will try to do our best to provide you with advertising and marketing tools.
If you are a Real Estate Professional, we will provide a mechanism to connect your customers and clients who become Registered Users or Visitors with you and your preferred Service Providers provided you complete all of the relevant forms.
HomeKeepr provides Visitors and Registered Users with access to the Service as described in this Agreement.
Visitors. Visitors, as the term implies, are people who don’t register with us, but want to see what the Service is all about. No login is required for Visitors. Visitors can (a) view all publicly-accessible content and (b) e-mail us.
Registered Users. Login is required for all Registered User services. Registered Users can do all the things that Visitors can do, and also (a) search for Service Providers, (b) review information about Service Providers, such as contact information, professional affiliations, education, etc., (c) access comments about Service Providers from other Registered Users, (d) create feedback and comments, (e) send emails, text messages, or push notifications to other Registered Users, (f) request friends to register for the Service, (g) sign up for promotions and sweepstakes and (h) blog about their experiences with the Service.
Real Estate Professionals. Real Estate Professionals include, but are not limited to, real estate agents, real estate brokers, and mortgage professionals. Real Estate Professionals can do all the things that Visitors and Registered Users can do and they can also (a) enhance their profiles, (b) invite Visitors and Registered Users to join the Service, and (c) provide a list of Service Providers for customers’ and clients’ use.
Service Providers. Service Providers are service providing businesses. Service Providers can do all the things that Visitors and Registered Users can do and they can also submit requests to update and enhance their profiles.
HomeKeepr is under no obligation to accept any individual as a Registered User, a Real Estate Professional or a Service Provider, and may accept or reject any registration in its sole and complete discretion.
Also, in order to use the Service via our Mobile Apps, Registered Users, Real Estate Professionals and Service Providers hereby consent to: (a) the use of their Mobile Device’s Geolocational Information to provide the Service; (b) receive text messages; and (c) pay carrier data, messaging, and other fees resulting from their usage of the Service.
Sign-in Name; Password; Unique Identifiers
During the registration process for Registered Users, we will ask you to create an account, which includes a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites and/or Mobile Apps using one or more of them. You will promptly inform HomeKeepr of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. HomeKeepr reserves the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. HomeKeepr will not be liable for any loss or damage caused by any unauthorized use of your account.
Information Supplied and Using Our Websites
In order for you to sign up with us, you may be required to provide your name, e-mail address, and zip code. We will also ask you general questions about the services you are requesting.
In addition to providing us with the above information, you must be at least eighteen years old to sign up for our service, or, if a higher age of contractual capacity exists in your jurisdiction, then you must be at least that age.
In addition, when interacting with our Websites or the Service you agree that:
– You will not deceive us or any of the Service Providers or Real Estate Professionals on our platform;
– You will not use the site or the HomeKeepr platform to engage in any illegal conduct, allude to or request any illegal services;
– You will not request Services for anyone with whom you do not have authority to conduct business on their behalf;
– You will not harass and/or stalk any employee, member, Real Estate Professional, or Service Provider or behave in lewd conduct;
– You will not post, submit, or convey any false, misleading, unlawful, defamatory, untruthful, inaccurate, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content or information;
– You will not impersonate any person, entity, or company;
– You will not use our Service to send “spam”, texts, phone calls, or other unsolicited commercial or non-commercial material to any of our other members;
– You will not use us to “secret shop” other businesses;
– You will not hack, crack, phish, SQL inject, install any code that is malicious or manipulates the site in any way, or otherwise compromise the security, safety, or privacy of our Service or our network, servers, member accounts, mobile numbers or access to the numbers, or the computers of our users;
– You will not engage or solicit any other users to buy or sell products or services unless expressly authorized by the Service;
– You will not share your login and password with anyone;
– You will not run any script or other program which is designed to search, index, or aggregate the User Content or other information on our Service, unless we have given you our express written consent to do so, which we may revoke at any time;
– You will not post any reviews that are false, defamatory, or invade someone’s privacy (if we give you the option of providing a review)
Our Service is currently free to use for Registered Users and Visitors.
If you are a Real Estate Professional you may be charged a monthly or annual subscription fee for the Service only if you have selected a paid plan. If you are a Service Provider, you will have the option, but not the obligation, to purchase various enhanced advertising opportunities. For example, if you choose to participate in a paid plan we may charge a fee for Service Providers to obtain preferred placement in the list of Service Providers, provision of additional information in your profile, promotional endeavors and other preferred provider items that we may offer from time-to-time. Although HomeKeepr may offer payment by receipt of a check in certain instances, the main method of payment will be through the use of a credit card that Service Providers and Real Estate Professionals would include as part of their profile.
Credit Card Terms
As a Service Provider or Real Estate Professional, you will be required to pay almost all fees via a credit card. As such, you hereby agree to the following terms and conditions related to credit card use:
By entering your credit card information:
a. You are stating that you are an authorized user of the credit card and that the associated information entered (account holder name, account number, billing address, etc.) is accurate.
b. You authorize HomeKeepr to charge the amount you have requested to your credit card.
c. If you set up automatic payments, then you authorize HomeKeepr to charge the amount due for the invoice being paid to the credit card.
d. You also authorize HomeKeepr to return to your credit card any funds due to you by HomeKeepr resulting from use of this Service.
e. For each transaction, in addition to the charge you have authorized, your credit card issuer and network may assess their customary transaction or handling charge, if any.
f. If a charge is declined or reversed by the credit card issuer or network, you agree to pay us a service charge and to reimburse us for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for such transactions.
g. If your credit card issuer or network does not honor an online payment transaction, then we have the right to charge the amount of any such transaction to your account or to collect the amount from you.
h. If your credit card issuer or network does not honor an online payment transaction, we may terminate any or all Service, and we may cancel your right to participate in the Service altogether.
i. By clicking “Submit,” you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to us.
j. If you set up automatic payments, then you are consenting to receive a one-time confirmation of each payment electronically to the email address you have provided to us.
l. You agree to provide us, and keep current, a valid email address. If any electronic communication is returned to us as undeliverable, you agree that we may (but are not required to) deliver such communication in paper form to the most recent mailing address you have provided for your account.
m. By authorizing a credit card payment online, or by requesting electronic communications, you confirm that your system meets these requirements, that you have the capability to access and download or print electronic disclosures, and that your email address is current and valid.
The Service contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of HomeKeepr (collectively referred to as the “HomeKeepr Content”). The HomeKeepr Content may be owned by us or by third parties. The HomeKeepr Content is protected under both United States and foreign laws. Unauthorized use of the HomeKeepr Content may violate copyright, trademark, and other laws. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Websites or the Service. You may print, download, and store information from the Service for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Service in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. You must retain all copyright and other proprietary notices contained in the original HomeKeepr Content on any copy you make of the HomeKeepr Content.
The trademarks, service marks, and logos of HomeKeepr (the HomeKeepr Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of Which Ventures, Inc. Other company, product, and service names located on the Service may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with HomeKeepr Trademarks, the “Trademarks”). Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of HomeKeepr Trademarks inures to HomeKeepr’s benefit.
Elements of the Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the HomeKeepr Content for this Service may be retransmitted without our express, written consent for each and every instance.
Communications To HomeKeepr; Participation Disclaimer
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
HomeKeepr does not and cannot review all communications and materials posted to or created by users accessing the Service (hereinafter, “User Generated Content”), and is not in any manner responsible for the content of the User Generated Content. Remember that the User Generated Content is simply opinion and should not be relied on. You acknowledge that by providing you with the ability to view and distribute User Generated Content on the Service, HomeKeepr is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service. However, HomeKeepr reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HomeKeepr in its sole discretion.
You retain all copyrights and other intellectual property rights in and to anything you post to the Service, including User Generated Content, text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter to advertise and promote the Service and/or HomeKeepr.
Representations and Warranties
As mentioned before, we are an intermediary between you and potential Service Providers. Any issues that may arise concerning the Service Provider and you, are between you and them. While we may have certain responsibilities connected with our platform those responsibilities are limited. We may terminate any relationship we have with either you or the Service Provider in performing our services, without notice, and without any compensation for any loss.
REGISTERED USERS, VISITORS, REAL ESTATE PROFESSIONALS, SERVICE PROVIDERS, AND OTHER USERS OF THE SERVICE AND THE WEBSITES ASSUME TOTAL RESPONSIBILITY AND RISK FOR THEIR OWN USE OF THE WEBSITES AND THE USE OF ANY SERVICE PROVIDERS SERVICE, OR PARTICIPATION IN ANY OF OUR RELATED SERVICES. HOMEKEEPR PROVIDES THE SERVICE AND WEBSITES AND RELATED INFORMATION “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITES, SERVICE, ANY PRODUCT OR SERVICE PROVIDER INFORMATION PROVIDED THROUGH THE WEBSITES, OR VIA THIRD PARTY LINKS, OR VIA ANY BROADCAST TO PROVIDERS, AND HOMEKEEPR SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH USE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICE PROVIDERS, ADVICE, OR ANY SERVICE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR VIA THE SERVICE. WE DO NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED.
IF YOU, OR THE ENTITY YOU REPRESENT, ARE LOCATED IN A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
WE DISCLAIM ALL LIABILITY TO THE FULLEST EXTENT PERMITTED. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER, EVEN IF WE KNEW OR SHOULD HAVE KNOWN. OUR LIABILITY IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY, TO THE EXTENT PERMITTED BY LAW OR TO THE AMOUNT YOU HAVE PAID UNDER THIS CONTRACT FOR THE PAST YEAR.
The Service may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the HomeKeepr Content, the Websites, or the Service. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Digital Millennium Copyright Act
HomeKeepr respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove User Generated Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Name: Which Ventures, Inc Address: 1280 Wall Street West, Suite 306B, Lyndhurst, NJ 07071 Tel: (917) 688-4482 Email: email@example.com
If you believe that your work has been copied on the Service in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Service where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Compliance With Applicable Laws
Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. You may terminate your HomeKeepr account at any time by contacting firstname.lastname@example.org, if you are a Registered User. If you are a Real Estate Professional or Service Provider you may terminate your account through the “Account Settings” tab on your account and in accordance with the Service Provider Agreement.
To ensure the best provision of our Service to customers, Real Estate Professionals and Service Providers, we may record any telephone calls that may take place through our service. You authorize us to make these recordings and to store and distribute them as required.
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to HomeKeepr,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2015 Which Ventures, Inc. All rights reserved.