Website Terms of Use

Please read these terms carefully. This is a binding agreement between Neighborhoods.com, LLC (the "Company", "we," "us" or "our") and any person who accesses or establishes a connection to the Services ("User" or "you") By using or otherwise accessing the Services, or indicating your assent hereto by clicking "I agree" or similarly expressing acceptance where other options exist, you will be deemed to have accepted the terms of this agreement. The Company retains any rights not specifically granted to you in this agreement.

 

1. ACCESS TO THIS SITE

By accessing or establishing a connection to any part of this website, www.neighborhoods.com (the "Website"), or other software, resources, or services available through the Website (all of the foregoing, the "Services"), you agree to comply with all of the terms of this agreement. You agree that the Company may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services, without liability to you or any third-party.

2. HOW THE SERVICES WORK

The Services help Users find, research, and compare residential neighborhoods and real estate subdivisions. Users can see homes for sale in various neighborhoods and interested buyers and sellers have the option of connecting with Partner Professionals. “Partner Professionals” includes agents that work for brokerages other than neighborhoods.com or its affiliated brokerages, rental agents representing properties you have inquired about, homebuilders, mortgage loan originators, and any other professional affiliated with related industries. If a Partner Professional has an affiliated relationship with the Company, the Company may receive a financial or other benefit from the Partner Professional.

You understand that your submission of information and any request for mortgage quotes through the Services are not an application for credit, and the Company is not a lender. Loan approval standards are established and maintained by third parties (possibly including Partner Professionals). Any information provided about a property is provided for informational purposes only, and the Company does not intend for any information obtained as part of the Services to be official loan estimates as defined in the Real Estate Settlement Procedures Act or Truth in Lending Act, or to serve as any form of loan terms or conditions under any state or federal law.

3. FEES

The Company does not charge fees to use the Services. If you elect to purchase, lease, or sell property with the help of a Partner Professional to whom you have been referred via the Services, you will be responsible for any fees charged by the Partner Professional, which will be described in an agreement between you and the Partner Professional.

4. ACCOUNT REGISTRATION, COMMUNICATION AND CANCELLATION

Users have the option of registering an account to allow them to save favorite neighborhoods and properties, to request notifications about updates to any properties or neighborhoods they have discovered, and other registration-only features. There is no cost to create an account.

Users also have the option to receive communications from us in the form of newsletters, text messages, updates regarding selected neighborhoods, and email and/or text message notifications if properties matching your criteria become available for sale. Users may unsubscribe from these optional communications at any time. (Account-related communications cannot be limited.) Users who wish to unsubscribe from communications with a Partner Professional after submitting a form to request further information about a Partner Professional’s services or information about a property from a Partner Professional must do so directly with the Partner Professional.

By registering for an account, you agree that you have a sincere interest in the purchase, sale, or lease of real estate. Also, by registering for an account, you acknowledge that you are entering into a consumer-broker relationship with the Company, as defined by applicable state law. However, you are not obligated to purchase or lease any property, to use our Services exclusively, or to work with any agent to whom you have been referred via the Services.

Users who have chosen to register an account with the Services may cancel their account by submitting a cancellation request to help@neighborhoods.com.

In addition, users who have completed a contact form on the Website grant us permission to contact them via phone, text, or email by a Company agent or customer service representative, or by a third party authorized by us to do so. The Company will store data about your call or text message. This information will be subject to the Privacy Policy.

5. PRIVACY

The Company's Privacy Policy, located at https://www.neighborhoods.com/privacy, describes the Company's policies with respect to collection and use of your personal and other information.

6. RESTRICTIONS ON USE

You may access the Services only for your personal, non-commercial use. You may not use the Services for any other purpose. You may not, for example, (i) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without the Company's written consent, (ii) use the Services in any harmful manner including damaging, disabling, overburdening, or impairing this Website, or (iii) interfere with any party's use or enjoyment of the Services. You agree to cooperate with the Company in causing any unauthorized use of the Services through your account to immediately cease.

7. OWNERSHIP

The material accessible from this Website, including text, data, images, interfaces and other materials or works of authorship (the "Content") is owned or licensed by the Company. You may not copy, distribute, republish, upload, post, or transmit Content in any way without the prior written consent of the Company, except that you may store or print limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

The Company's name, logos, and other product and service identifiers are the Company's trademarks. You also acknowledge any applicable MLS's ownership of and copyright in its MLS database. All other trademarks appearing on the Website are the property of their respective owners. No rights are granted to you in these trademarks.

8. USER SUBMISSIONS

A "Submission" means any information, ideas, or materials that Users provide to us via any post, upload, input, or other submission to the Services. You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payment. You represent that you own or otherwise possess all of the rights to any Submissions.

You may not post, send, submit, publish, or transmit in connection with the Services any material that (i) you do not have the right to post, including proprietary material of any third party, (ii) advocates illegal activity or discusses an intent to commit an illegal act, (iii) is vulgar, obscene or threatening, (iv) libels, defames, or invades the privacy of other users, (v) does not pertain directly to the subject matter of the Services or advertises another product or service, (vi) includes programs that contain viruses, worms, or any other malicious computer code, or (vii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

The Company is not responsible or liable for anything posted by Users on the site nor is the Company responsible or liable for monitoring the content or activities of Users. Without limiting the foregoing responsibilities of Users, the Company may monitor use of the Website to determine compliance with this agreement. The Company may remove or refuse Submissions for any reason.

9. RECORDED CALLS AND CHATS

The Company may provide phone numbers and chat windows that can connect you with our customer service team. Calls through our customer service team may be recorded or monitored for quality assurance and customer service purposes. If you talk or chat with our customer service team, you consent to such recording and monitoring. We may store information that you provide in communications to us, including from phone calls, letters, emails, texts, and other electronic messages, or in person. The Company will treat recorded calls in accordance with the Privacy Policy. If a call or chat is recorded between you and a third party, it will be deemed private information of both you and the third party and may be released to either you or the third party.

10. HYPERLINKS

The Website may include hyperlinks to other websites that are not owned or operated by the Company. These links are provided for your convenience, and the Company may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. The Company has no control over other websites and is not liable for any content, advertising, products, services, or other materials on or available from those websites. Nonetheless, we wish to protect the users of our Services, and we therefore invite feedback about websites that are linked from this Website.

11. SECURITY AND SECURITY VIOLATIONS

If you are a User who has registered an account for the Services, passwords used to access the Services are for your individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that the Company considers insecure, the Company may require you to change the password or terminate your account.

You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by (i) accessing data not intended for you or logging into an account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, (iii) attempting to interfere with service to any user, host or network, including without limitation, by submitting a virus to the Services, (iv) sending unsolicited e-mail, (v) forging any TCP/IP packet header or any part of the header information in any e-mail, or (vi) attempting to reverse engineer any of the software making up any part of the Services.

The Company will take all reasonably necessary steps to investigate suspected violations of this agreement. The Company reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing the Company to disclose the identity of anyone engaging in conduct that is believed to violate the law. The Company further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.

You release the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

12. FAIR HOUSING ACT AND AMERICANS WITH DISABILITIES ACT COMPLIANCE

We believe in non-discriminatory practices and support the Fair Housing Act and the Americans with Disabilities Act.

The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of:

• Race or color
• Religion
• Sex
• National origin
• Familial status, or
• Disability

The Americans With Disabilities Act, 42 U.S.C 12101 et seq., prohibits entities from denying individuals an opportunity to participate in or benefit from goods or services based on an individual’s disability. We strive to provide services to all individuals regardless of disability, and we will update our services if you notify us of an issue.

13. IMPORTANT DISCLAIMERS

Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis. The Company disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

By way of illustration, and without limiting the generality of the above disclaimer, the Company disclaims any warranty that:

• The Services will be uninterrupted or error-free, or that defects will be corrected;
• The Website or the server that makes it available are free of viruses or other harmful components; or
• The Content is accurate, complete, or free of typographical errors.

14. LIMITATION ON LIABILITY

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to Users for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages.

15. INDEMNIFICATION

To the maximum extent permitted by law, you shall defend and indemnify the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities, and expenses, including legal fees and costs, relating to your use of the Services or your breach of any representation contained in this agreement. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

16. AMENDMENT

This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. The Company may modify this agreement at any time by posting the revised terms on the Website. Continued use or access of the Services after modification will constitute your acceptance of this agreement as modified.

17. DISPUTE RESOLUTION; WAIVER

All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association AAA under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA's Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Chicago, Illinois. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.

You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.

The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).

Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a claim in court, the party must do the same before submitting a claim to arbitration under this agreement. Up¬¬on receipt of a right-to-sue letter or similar administrative determination, however, the claim can only be resolved in an individual arbitration pursuant to the terms of this agreement.