Real estate information and resources.

HomeZoom, LLC Terms of Service
Last Updated: March 29, 2024

HomeZoom, LLC (“HomeZoom”, “We, “Us”, “Our”) is a North Carolina real estate and internet technology company, which operates the website at www.homezoom.com ("Website", ”our Website”, “this Website”) and provides information, content, services, products, and referrals (collectively, “Services”) to you, the user (“you”, “user”, “users”), subject to and your agreement to adhere to the following Terms of Service. HomeZoom is a licensed real estate broker in the State of North Carolina, NCRE License #C18970, and is operated in compliance with all state and federal housing laws.

Please read our Terms of Service carefully before continuing with your use of this Website or Services. These Terms of Service shall govern the use of this Website, Services, and apply to all Internet traffic visiting this Website. In addition, you are also subject to any posted guidelines, agreements, conditions, disclaimers, rules, regulations and/or policies, which are hereby incorporated by reference into the Terms of Service.

BY ACCESSING, REGISTERING ON, OR USING THIS WEBSITE AND OUR SERVICES, YOU ARE ACKNOWLEDGING, ACCEPTING AND AGREEING TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. YOU AGREE THAT YOU ARE GIVING YOUR EXPRESS CONSENT TO ALL THESE TERMS OF SERVICE BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE REFRAIN FROM USING THIS WEBSITE AND OUR SERVICES.

Fair Housing and Equal Opportunity

HomeZoom fully supports and abides by all state and federal Equal Housing Opportunity Laws. HomeZoom is strongly committed to creating and fostering an environment of diversity, in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin; where all Americans have equal access to the housing of their choice.

HUD’s Office of Fair Housing and Equal Opportunity (FHEO) states that the fair housing laws are intended to allow everyone equal access to housing. State and Federal fair housing laws prohibit discrimination in the housing market on the basis of race, color, religion, sex, handicap, familial status, or national origin. To discriminate against a person on the basis of his or her membership in one of these protected categories is against the law. Anyone involved in the real estate transaction who discriminates based on a protected category has violated the fair housing laws. It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities.

For more Information, visit the Office of Fair Housing and Equal Opportunity (FHEO) at www.hud.gov, click on ‘Program Offices’, select ‘Fair Housing/Equal Opportunity’.

Changes to this Terms of Service

These Terms of Service and all guidelines, terms, conditions, disclaimers, rules and policies are subject to change from time-to-time, for any reason, and without prior notice to you, unless otherwise expressly provided. A link to an updated Terms of Service will be posted on this Website’s home page, and the date of last revision will be available at the top of this page. Such modifications shall be effective immediately upon posting. Your continued use of this Website after changes have been posted to the Terms of Service will indicate your acceptance of such changes. If you do not agree to these Terms of Service, please discontinue your use of this Website and our Services immediately. To view a copy of the current Terms of Service, you may go to www.homezoom.com at any time.

Modifications to HomeZoom Website and Services

HomeZoom may modify our homezoom.com Website, and modify or discontinue any of our Services, offerings, products, terms, conditions, information, content, or software at any time, for any reason, and without prior notice to you. Your continued use of our Website or our Services after any such changes will indicate your acceptance of such changes.

Privacy

Registration data and certain other information, such as your personal and non-personal information is subject to our Privacy Policy. By accessing our Website and Services, you are agreeing and consenting to how all this information is collected, used, stored, maintained, shared, and disclosed, as governed by and described in our Privacy Policy. For more information on privacy, please review our Privacy Policy.

Links, Third-Party Websites

This Website may contain links to other third-party websites and landing pages, including mortgage companies, advertisers, real estate agents and brokers, sales associates, service providers, and those that we may partner with to provide certain features, services, products, or advertising (collectively, "Linked Websites") that contain third-party services, products, or information.

These Terms of Service apply to your use of this Website and our Services only. We do not own, operate, maintain, manage, or control such Linked Websites or any third-party websites. Therefore, these Terms of Service do not apply to any of Linked Websites you visit or link to through this Website. Your access to such Linked Websites through links provided on this Website is governed by the Terms of Service and policies of those Linked Websites, not our Website.

The Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. We strongly encourage you to be aware that when you leave our Website, you should read the terms of use/service and privacy policies of each and every website you visit. HomeZoom is not responsible for, does not endorse, and has no control over services, products, or information of any Linked Websites, whether or not HomeZoom is affiliated with the owners of such Linked Websites, and we expressly disclaim any liability for their actions.

Third-Party Products and Services

Third parties may offer products or services to HomeZoom clients. Such third-party products and services including, but not limited to, IDX, VOW, MLS services, Web Design Platform, Web Hosting, Internet Domain Registrars, Internet Services, etc. are the responsibility of the Client. Client is solely responsible for evaluating, entering into and maintaining any contract for third-party services and shall pay directly to such third-party providers.

HomeZoom does not represent or warrant, is not responsible for, does not endorse, and has no control over products, services, or information of any third-party providers, whether or not HomeZoom is affiliated or partnering with the owners or operators of such third parties, and we expressly disclaim any liability for their actions. Use of such products and services will be at Client’s own risk and subject to the terms and conditions of those third parties.

Disclaimer and Referrals to Real Estate Partner Agents/Brokers, our Partners, Service Providers

Any HomeZoom referrals to real estate partner agents or brokers, our partners, and product or service providers is for informational purposes only, and you are free to select any product or service provider of your choice.

HomeZoom tries to screen the quality and credentials of our partners, real estate partner agents and brokers; however, HomeZoom does not endorse and makes no representations and/or warranties about any real estate agents, real estate brokers, any of our partners, and product or service providers and does not guarantee any services or products provided by, but not limited to real estate agents, real estate brokers, escrow companies, lenders, any of our partners, or any product or service providers that HomeZoom refers to you, including those products and services offered though our Website. Each buyer and seller of real estate must independently verify the experience, quality, background, and license status of each real estate agent or broker and any service provider(s) that they hire.

Real Estate Referrals to Real Estate Agents/Brokers

The real estate commissions and/or any rebates are negotiable and subject to the written agreement between the individual buyers or sellers of real estate and the real estate agent/broker receiving the referral and can be negotiated between the parties. HomeZoom, LLC is a licensed real estate company and may receive a real estate brokerage referral fee from our real estate partner agents/brokers, which is typically arranged between the referring and the receiving real estate brokers.

Disclosure of Compensation / Real Estate Referral Fee

North Carolina Real Estate Commission rule 58A.0109(c) requires real estate agents to disclose the receipt of (or the expectation of receiving) any compensation, incentive, bonus, rebate, or other valuable consideration ("Compensation") from a third-party under certain circumstances. The rules of North Carolina Real Estate Commission require the Referring Firm to disclose to the Prospect that payment may be received. HomeZoom may receive a payment in a form of a broker-to-broker Referral Fee in connection with a real estate transaction consummated involving the client that was referred by HomeZoom to another real estate agent/broker/firm. The amount of this Referral Fee is generally negotiated and agreed upon between the referring broker (HomeZoom) and the receiving brokers, who agree to pay this referral fee to HomeZoom when real estate compensation (for example, commissions, bonus or other consideration of more than nominal value) is received by the Receiving Firm (or any of its agents) as listing, selling or leasing agent for a closing or lease execution of any real estate transaction involving the referred client.

Professional Advisors

Any buying, selling, or investing in real estate, any real estate transaction, or any important financial and/or other serious decisions should be carefully considered and weighed. All the material, information, product and services provided on our Website, newsletters, emails, or other means of communication, are offered for informational purposes only and shall in no way be construed as a legal, financial, accounting, or other professional advice.

HomeZoom, its parents, subsidiaries, affiliates, officers, employees, contractors, agents, members, or representatives do not encourage, suggest or advise you to engage in or to make any real estate, financial or any other decisions, without you first contacting and seeking professional advice from an appropriate professional, such as an attorney, accountant, or a financial advisor.

You understand and agree that your use of this Website, our Services, or your choice to associate or deal with any of our real estate partner agents or brokers, our partners, product or service providers, members, or affiliates is your own decision and responsibility and done at your sole discretion and risk. You agree and consent that HomeZoom shall in no way be liable for any direct, indirect, incidental, consequential, or punitive damages of any kind with respect to your association or dealings with any of our partners, real estate agents or brokers, real estate partner agents or brokers, product or service providers, members, advertisers, or affiliates.

Guaranteed Offer Program Terms

Guaranteed Offer Programs and other programs, offers or promotions, including, but not limited to "Free Local Move" and "Extended Stay Option" are offered and administered by our third-party partners, investors and iBuyers in selected markets and are subject to restrictions, terms and conditions of these third-party partners, investors and iBuyers that offer such programs.

By submitting your request to HomeZoom for more information and to see if you qualify for the Guaranteed Cash Offer Program (“Guaranteed Offer Program”), you agree that HomeZoom and its third-party partners, investors and iBuyers may collect, use and share your personal information, including your name, phone number, email address, your physical address and other information relevant to applying for the Guaranteed Offer Program, in order to assess your eligibility and qualifications for the Guaranteed Offer Program, or provide you with an offer if you are eligible, or to send you more information about this program, or send direct marketing correspondence, or for any other purposes necessary for HomeZoom to fulfill its obligations.

All the decisions regarding your qualifications for the Guaranteed Offer Program are made strictly at HomeZoom’s and its third-party partners', investors’ and iBuyers' sole discretion, and all such decisions will be considered final and binding. You agree that the use of your personal information by any third-party investors, ibuyers or partners is governed by their own privacy policies, not by HomeZoom’s Privacy Policy.

HomeZoom Current Promotions and Incentives

HomeZoom may offer from time-to-time certain promotions and incentives, including but not limited to gifts, certificates, discounts, rebates, and guarantees. These promotions and incentives may be available only for a particular time frame, and not all users may be eligible to receive such promotions and/or incentives. HomeZoom promotions and incentives are available only to home buyers and sellers who use our affiliated real estate partner agents or brokers that HomeZoom has referred you to, and are subject to the terms and conditions of each promotion and/or incentive. Unless stated otherwise, HomeZoom promotions may not be combined.

HomeZoom's 100% Customer Satisfaction Guarantee for Home Buyers and Home Sellers

HomeZoom 100% Satisfaction Guarantee for Home Buyers:
We are strongly committed to the highest level of integrity, real estate excellence, professionalism and customer satisfaction. We stand behind our Customer Service and we 100% Guarantee it. HomeZoom 100% Satisfaction Guarantee for Home Buyers works as follows: HomeZoom and our participating Partner Agents and Brokers are dedicated to bringing you the best possible customer service. If you are not satisfied with your HomeZoom Partner Agent's or Broker's services, we ask you that you contact HomeZoom and give us and your agent or broker the opportunity to resolve any issues. If you remain dissatisfied after we and your HomeZoom Partner Agent/Broker have tried to resolve your issue(s), and if you do not yet have a contract for any property, you can terminate the buyer’s contract, subject to the existing termination provisions of your buyer’s contract (which is between you and your agent/broker) and HomeZoom will refer you to another participating HomeZoom Partner Agent. Note that any referrals made prior to such termination may still be subject to the prior agreement between us and our affiliated real estate partner agent or broker.

To be eligible for this Customer Satisfaction Guarantee, you must provide a written notice to HomeZoom, stating the reason and explanation for your complaint. Please note that it is important that HomeZoom makes the initial contact with your prospective HomeZoom Partner Agent or Broker that HomeZoom refers you to and who will be conducting your real estate transaction.

HomeZoom 100% Satisfaction Guarantee for Home Sellers:
We are strongly committed to the highest level of integrity, real estate excellence, professionalism and customer satisfaction. We stand behind our Customer Service and we 100% Guarantee it. HomeZoom 100% Satisfaction Guarantee for Home Sellers works as follows: HomeZoom and our participating Partner Agents and Brokers are dedicated to bringing you the best possible customer service. If you are not satisfied with your HomeZoom Partner Agent's or Broker's services, we ask you that you contact HomeZoom and give us and your agent or broker the opportunity to resolve any issues. If you remain dissatisfied after we and your HomeZoom Partner Agent/Broker have tried to resolve your issue(s), and if you have not yet received or accepted an offer on your property, you can terminate the listing contract, subject to the existing termination provisions of your listing contract (which is between you and your agent/broker), and HomeZoom will refer you to another participating HomeZoom Partner Agent. A carryover listing protection period may apply, according to your listing agreement, so that buyers introduced to the property by your listing agent's marketing efforts will still obligate the seller to a commission should they purchase the property within the listing protection period. Note that any referrals made prior to such termination may still be subject to the prior agreement between us and our affiliated real estate partner agent or broker.

Home Buyer Rebates/Commission Refunds

Estimated Buyer Rebate (aka Cash-Back Rebate or Commission Refund) amount(s) if and when mentioned on our Website is not guaranteed and displayed as example(s) for informational purpose only. Buyer Rebates apply in select markets only. The actual amount of your rebate may vary and is subject to lender's approval, final purchase price, the gross commission received by the agent/broker, and the refund amount or refund percentage that the agent/broker offers. Commission Refunds cannot exceed $10,000 per transaction. The amount of this Commission Refund is subject to a minimum commission to your agent of $3,500. It may also be reduced on the basis of law, loan restrictions, seller contributions, or transaction type (e.g. short sale). HomeZoom must not be obligated to pay any buyer's agent commission in order for this promotion to apply. Commission refunds are available in certain limited areas only and are not available in states where prohibited by low. The states that are currently have laws that ban rebates are: Alabama, Alaska, Iowa, Kansas, Louisiana, Mississippi, Missouri, New Jersey, Oklahoma, Oregon, and Tennessee, or any other areas where we choose not to offer rebates. Commission Refunds are arranged and paid at the end of escrow by the real estate agents or brokers that HomeZoom partners with, not by HomeZoom. Commission Refund is applied to the settlement statement at the time of closing as a credit to your closing costs and cannot be deducted from the sales price or given as cash at closing. In order to qualify for the rebate, you must be enrolled in the program and be referred to and represented at closing by an agent or broker, with a participating real estate brokerage firm, referred to you and approved by HomeZoom. We recommend that the buyers discuss any commission refunds specifics and how much refund the buyers qualify for with the real estate agents/brokers and lenders/mortgage brokers in advance, and see full terms and conditions in your buyer/broker agreement and agency disclosure.

HomeZoom Gift Certificate for Home Buyers and Home Sellers

After you successfully close a real estate transaction with our affiliated Real Estate Partner Agent or Broker that HomeZoom has referred you to, we may randomly send you a $100 Amazon Gift Certificate as our customer appreciation gift. In order for you to receive this Gift Certificate from HomeZoom, the total amount of a referral fee or compensation received by HomeZoom must be $500 or greater for the same transaction. The amount of this Gift Certificate can never exceed the total amount of a referral fee or compensation received by HomeZoom for the same transaction. To claim your Gift Certificate, you must complete the appropriate HomeZoom Gift Certificate Claim Form, which we will provide to you if and when this program is available. To be valid, this offer must be claimed within 30 calendar days after the successful transaction closing on your home, after which this offer becomes void. Once we receive and confirm your Certificate Claim information, we will email you a survey and the specific instructions on how to receive your HomeZoom Gift Certificate. After we receive you survey, please allow at least 15 days for processing.

Home Buyers and Sellers Terms and Obligations

All prospective home buyers and sellers who use our Website, our Services, or submit information to HomeZoom through the forms on this Website, via HomeZoom emails or other means of communication, expressly agree to the following:

You are a home buyer or home seller residing in the United State.
You are genuinely interested in buying or selling real estate property located in the United States.
You are not a licensed real estate agent or broker.
You are of legal age and are otherwise capable of forming a legally binding contract.
You do not have an exclusive agreement or other contractual obligations with any real estate agent or broker.
You agree to provide us with the accurate and complete information, whether online or otherwise, including your contact information, information about the property you would like to buy, or information about the property you own and would like to sell, so that we can properly assist you with the services you are requesting or with services described on this Website.
You agree for HomeZoom to contact you to verify the information you submit to us, and you authorize HomeZoom to forward the information you submit to us to our real estate partner agents or brokers, or other service providers, for the purpose of providing the services you have requested.
You agree to be contacted via phone, email, text messages, online chat, postal mail, or by other means of communication by HomeZoom and our real estate partner agents, brokers, and/or other third-party service providers regarding the services you have requested, or services described on this Website.
You acknowledge and agree that HomeZoom is a licensed real estate brokerage company, and our real estate partner agents and brokers are local real estate professionals that we refer you to for the purpose of conducting real estate brokerage services. HomeZoom does not act as a real estate agent, except for in the state of North Carolina where HomeZoom may conduct real estate brokerage services in some real estate transactions for home buyers and sellers.
You acknowledge and agree that you must independently verify the experience, quality, background, and license status of each real estate agent or broker, or any service provider that you hire, and that HomeZoom does not endorse and makes no representations and/or warranties about any real estate agents, brokers, our partners, and product or service providers, and does not guarantee any services or products they provide.
You understand and agree that the terms and conditions of any real estate agreement are between you and your real estate agent or broker, and that we cannot do not recommend or endorse any such terms in any way.
You understand and agree that HomeZoom may request for you to provide the updates related to any contacts with our affiliated real estate partner agent or broker that we refer you to, as well as to provide us with a copy of your real estate transaction settlement/escrow documents, and that you agree to promptly respond to and provide all the information for such requests.
You understand and agree that our real estate partner agent/broker referral service is provided to you free of charge, and that HomeZoom may receive a compensation in a form of a referral fee from our affiliated real estate partner agents or brokers involved in a real estate transaction, which is based on a separate Referral Agreement between HomeZoom and our affiliated real estate partner agents and brokers. By using our Website and our Services you acknowledge and agree with such compensation arrangement.
HomeZoom reserves the right to suspend or terminate the relationships with or any access and Services to anyone who provides the misleading or inaccurate information, or to anyone who violates these Terms of Service.

Real Estate Partner Agents and Brokers Terms and Obligations

Real Estate Partner Agents and Brokers who use this Website, apply to become our Real Estate Partner Agents or Brokers, or use, receive or participate in our Services, expressly agree to the following:

You are an individual licensed real estate agent or broker, not a company, firm, brokerage, or association.
You must have an ACTIVE and CURRENT real estate license in good standing with the real estate commission, board, or authority in the state where you conduct your real estate brokerage activities.
You must be a full-time REALTOR® with active license at local brokerage.
You must be a member in good standing of a local Association of REALTORS® and the MLS Board where you conduct real estate business.
You must be a member in good standing with the National Association of REALTORS® and subscribe to its strict code of ethics.
You must have and maintain a separate professional liability insurance policy, also known as “Errors and Omissions” (E & O) insurance coverage and provide the proof of such to HomeZoom.
You acknowledge and agree that you are responsible for complying with your local MLS rules
You acknowledge and agree that you are responsible for complying with all regional, state, federal, and other real estate laws, regulations and requirements, including but not limited to any disclosures and any other real estate documentation.
If you are a real estate agent you expressly represent that you have obtained your broker’s approval, as required, prior to using and participating in HomeZoom Services.
You agree that you will not provide, sell, redistribute, share, or refer any of the referrals provided to you by HomeZoom to any other real estate agent, broker, or any other person, team, association, company, or firm without a written consent from HomeZoom.
You agree to use any and all information provided to you by HomeZoom with utmost confidentiality and in strict accordance with HomeZoom Privacy Policy.
You agree to be contacted via phone, email, text messages, online chat, postal mail, or by other means of communication by HomeZoom regarding our services, and by prospective home buyers and home sellers, and third-party service providers.
You agree that all the information you provide to HomeZoom, whether online or otherwise, is current, accurate and complete, and you agree to maintain and update such information with HomeZoom to ensure that it’s always accurate and complete. You also agree to promptly provide the proof of any such information to HomeZoom upon HomeZoom’s request.
You agree and authorize for HomeZoom to use and share your information, credentials, and specialties as a real estate professional, that we gather or that you provide to us, with potential home buyers, home sellers, and service providers we partner with.
If you choose to accept the buyer or seller of real estate referral from HomeZoom, you agree to pay HomeZoom a referral fee, which is 25% of your gross commission, upon the successful closing of escrow for such referral. HomeZoom’s payment is due based on the terms and conditions of the HomeZoom Referral Agreement. By registering as a real estate partner agent or broker with HomeZoom and by using our Services, you acknowledge and agree to this fee payment arrangement.
You must have permission from your managing broker to participate in a referral-based lead generation program.
You agree to provide “Full-Service” (not “Limited Service” or ‘Entry Only Listings”) at no additional cost over the total commission to all real estate buyers and sellers referrals from HomeZoom. “Full Service” provision may include, but not limited to:

(a) Conduct and present a Comparative Market Analysis (CMA) to the home sellers;
Note: all agents and brokers are expected to measure all properties they list and accurately calculate their square footage. Do not rely on square footage data from tax records, information from previous listings, from an old survey or appraisal, or representations of the seller or others.
(b) List the property in the local MLS;
(c) Prepare all real estate transaction paperwork, documents, and disclosures;
(d) Actively market property listing online and offline, including strong online marketing presence on social media and other real estate online platforms;
(e) Arrange appointments for cooperating brokers to show listed property to potential purchasers;
(f) Present to the sellers offers to purchase, procured by cooperating brokers;
(g) Advise sellers as to the merits of offers to purchase;
(h) Assist the sellers in developing, communicating, or presenting counter-offers;
(i) Participate on the seller’s or buyer’s behalf in the negotiations, leading to the sale (or purchase) of the property;
(j) Coordinate all the inspections and appraisals;
(k) Manage the entire real estate transaction for the home buyers and/or sellers from contract to closing of escrow.
You agree to make your best effort to contact and follow up on each referral provided to you by HomeZoom within 6 business hours of receipt; otherwise, you agree to notify HomeZoom of your inability to do so. You acknowledge and agree that if you don’t contact our referral and don’t notify HomeZoom within this time frame, HomeZoom may, in its sole discretion, reassign such referral to another real estate partner agent or broker.
You agree that if you don’t get the listing from our seller referral, or if you don’t earn business working with our buyer referral, you must promptly notify HomeZoom, so we can reassign such referral to another real estate agent or broker.
You agree to provide regular status updates on clients referred to you by HomeZoom.
You understand and agree that HomeZoom may request for you to provide the updates related to any contacts with home buyers and/or sellers that we refer to you, as well as to provide us with a copy of the real estate transaction settlement/escrow documents, and that you agree to promptly respond to and provide all the information for such requests.
You agree to confirm every closing for clients referred to you by HomeZoom and pay the referral fee to HomeZoom on the day of closing, preferably directly from the closing company as part of the dispersal.
The rules of the North Carolina Real Estate Commission require the Referring Firm to disclose to the Prospect that payment may be received. This disclosure may be made orally, but it must be confirmed in writing before the client makes or accepts an offer to buy or sell (NC Real Estate Commission rule 58A.0109(c)). You agree that 'Disclosure of Compensation' (Form 770) disclosing the broker-to-broker referral fee to HomeZoom, must be acknowledged and signed by the client before making or accepting any offer, and that you will timely provide a signed copy of this form to HomeZoom.
You are responsible for all your real estate brokerage services and activities and you expressly acknowledge and agree to indemnify, defend, and hold HomeZoom harmless from and against all losses, expenses, costs, claims, or damages of any kind incurred by HomeZoom resulting or arising from any claims of your customers or clients regarding your real estate brokerage services, activities or conduct.
HomeZoom reserves the right to suspend or terminate the relationships with or any access and Services to any real estate agent or broker who provides the misleading or inaccurate information, or who violates these Terms of Service. You may cancel any membership or affiliation with HomeZoom at any time by contacting us at support@homezoom.com. Any client referrals made prior to such termination either by you or by HomeZoom, are still subject to these Terms of Service and to the prior Referral Fee agreement between you and HomeZoom.
You must comply with and agree to HomeZoom Privacy Policy, these HomeZoom Terms of Service, and the HomeZoom Referral Agreement.

Trademarks, Copyrights and Restrictions

This Website is controlled and operated by HomeZoom. All Services on this Website, including, but not limited to text, images, illustrations, video clips, and audio clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights, which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes, and are owned and controlled by HomeZoom, its parents, subsidiaries, affiliates, or by third-party services providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their Services or the right to market their products and/or services to HomeZoom..

Services on this Website or any websites or content owned, operated, licensed or controlled by HomeZoom are solely for your personal, non-commercial use. You may not copy, reproduce, sell, resell, republish, upload, post, transmit, distribute, and/or exploit any of the Services in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of HomeZoom or the Providers.

As a condition to your use of this Website, you agree and you warrant to HomeZoom that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Service, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms of Service, your permission to use this Website immediately terminates without the necessity of any notice. HomeZoom retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms of Service.

You may not use any logos, trademarks, service marks or any copyrighted materials appearing on this Website, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into other websites or into any other material online or offline any of the Services or any materials on this Website without prior written consent from HomeZoom.

License

By submitting any material to HomeZoom online, offline, or via our Website, including, but not limited to data, photos, images, videos, your name, or any content (collectively, “Material”), you hereby grant to HomeZoom royalty-free, non-exclusive, transferable, sublicensable, irrevocable rights and license to in any way use, edit, review, display, modify, copy, remove, delete, reject, distribute, share, transfer, sublicense, create derivative works from, or store any and all such Material in whole or in part in any software, website, mobile apps, software apps, media, advertising, content, or any platform or technology online or offline. You expressly agree that HomeZoom shall in no way be liable for any such Material submitted to HomeZoom by you and/or any third-party, and that HomeZoom can edit, modify, use in any way, delete, remove, or reject any such Material at any time, for any reason, without any liability, and without prior notice to you.

Prohibited Activities

You are specifically prohibited from any use of this Website and you agree not to use or permit others to use this Website to: (a) submitting any offensive content or material to the online community, including but not limited to promoting racism, bigotry, hatred, harassment, mental or physical harm of any kind against an individual or a group; (b) submitting any content or material or engaging in activities that could be harmful to minors; (c) submitting or engaging in any material that would expose or solicit any personally identified information, login information, or passwords, or any other information for unlawful purposes from other users; (d) submitting any content or material or promoting false, misleading or illegal information; (e) submitting any pornographic or sexually explicit content or material of any kind; (f) engaging in any activities or using any software or device to disrupt or interfere or attempt to disrupt or interfere with our Website or Services; (g) submitting any content or material that contain viruses, worms, Trojan horses, or any other viruses or malware; (h) take any action that imposes an unreasonably large load on the Website's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (i) disclose or share any assigned private information and/or passwords with any unauthorized third parties; (j) attempt to decipher, decompile, disassemble or reverse engineer any of the Website's software or HTML or any other code; (k) upload, post, email or otherwise transmit any information, Services, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (l) violate any applicable local, state, national or international laws or regulations; or (m) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy the Website, or its Services without prior written permission from HomeZoom.

Children and Minors

This Website, HomeZoom services and products are not intended for and are not directed to persons under the age of 18 (collectively, “Minors”). We do not knowingly collect any information, including Personal Information, and we do not offer any products or services to Minors. Any person who use this Website or provides their information to us through the registration page for new users, any other part of this Website, or other mean of communication, represents to us that they are 18 years of age or older.

Website Information, MLS and other Real Estate Data

HomeZoom is not responsible or liable for misinformation, misprints, or typographical errors on this Website. ANY INFORMATION ON THIS WEBSITE IS DEEMED RELIABLE BUT IS NOT GUARANTEED AND SHOULD BE INDEPENDENTLY VERIFIED THROUGH PERSONAL INSPECTION AND/OR WITH THE APPROPRIATE PROFESSIONAL.

The information on this Website, including without limitation, any content, all real estate listings, any reports, and property data, is provided exclusively for user’s personal, private, non-commercial use and may not be used for any purpose other than the purpose of attempting to evaluate properties for sale or purchase, or to evaluate other data, information, or Services. All real estate listings and properties are subject to availability and are subject to prior sale or lease.

This Website may provide access to real estate listings, properties, and local real estate services, including data provided by real estate agents and brokers where IDX or VOW MLS data ("MLS data") is displayed. Users acknowledge that the individual Multiple Listing Service (MLS), which supplies the listing data, owns such data and Users acknowledges the validity of the MLS's copyright to such data. Users also acknowledge that the individual MLS has the authority to access this Website for the sole purpose of monitoring the compliance with the MLS rules and regulations.

HomeZoom assumes no liability for the accuracy of any MLS data, any real estate property data, or any other data or information on this Website, or any data or information supplied by real estate agents or brokers, or any third-party on or via this Website. Users also acknowledge that the individual MLS has the authority to access this Website for the sole purpose of monitoring the compliance with the MLS rules and regulations.

You may not copy, redistribute, or retransmit any of the data or information provided on or via this Website. You may not engage in downloading, web scraping, or similar activities of any listings, property data, or any other data or information on this Website for the purpose of inclusion or displaying in, but not limited to, other websites or any other content without prior written permission from HomeZoom.

Website Information, MLS and other Real Estate Data

HomeZoom assumes no liability for the accuracy of any MLS data, any real estate property data, or any other data or information on this Website, or any data or information supplied by real estate agents or brokers, or any third-party on or via this Webiste. Users also acknowledge that the individual MLS has the authority to access this Website for the sole purpose of monitoring the compliance with the MLS rules and regulations.

You may not copy, redistribute, or retransmit any of the data or information provided on or via this Website. You may not engage in downloading, webscraping, or similar activities of any listings, property data, or any other data or information on this Website for the purpose of inclusion or displaying in, but not limited to, other websites or any other content without prior written permission from HomeZoom.

Information, Reports, Products and Services Disclaimer

HomeZoom offers Property Reports, Home Seller's Reports, and other reports, property data and information, which provide public information and public records about properties in the United State only, as part of our Services to market our real estate services to our clients and prospective clients, and to facilitate our respective real estate property transactions.

Real estate and other data is generated and compiled from various sources. All reports and any property information is provided when records are available. Our data is limited by what is available in public and private databases, and the results cannot be guaranteed for every report search. We also cannot guarantee that each report will contain all the information you require. RVMs® and AVMs® are not available for land, agricultural properties, commercial properties, or larger multi-family properties.

HomeZoom is not a consumer reporting agency or an investigative services agency and does not provide the consumer reports, per the Fair Credit Reporting Act (“FCRA”).

You may not use this site, our products, services, or any information provided on or via our Website for the purpose of determining credit, employment, insurance, business transactions, mortgage, admissions, background checks, tenant screening or for any other purpose that would require FCRA compliance.

Any information, materials, reports, products and Services we provide, will not be used for any purpose covered by the Fair Credit Reporting Act (“FCRA”), Federal Trade Commission interpretations of the FCRA, or similar state statutes. For more information on permissible and prohibited uses and other specific legal obligations, please refer to the Fair Credit Reporting Act.

Disclaimer of Warranties and Liability

THIS WEBSITE AND ALL DATA, INFORMATION, CONTENT, AND SERVICES ON THIS WEBSITE ARE PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS. HOMEZOOM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS WEBSITE OR ANY INFORMATION, CONTENT, MATERIAL, LINKS, GRAPHICS, ANY PRODUCTS OR SERVICES ON THIS WEBSITE, OR THEIR RELIABILITY, COMPLETENESS, ACCURACY, OR TIMELINESS. SOME OF THE INFFORMATION, DATA AND OTHER MATERIAL ON THIS WEBSITE MAY BE PROVIDED BY THIRD PARTIES. HOMEZOOM HAS NO CONTROL OVER AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR SUCH MATERIAL, INFORMATION, DATA, SERVICES, PRODUCTS, OR ANY OTHER CONTENT OF ANY SUCH THIRD PARTIES.

TO THE FULL EXTENT PERMISSIBLE BY LAW, HOMEZOOM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY PRIPRIETARY OR THIRD PARTY RIGHTS. HOMEZOOM DISCLAIMS ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE INFORMATION CONTAINED ON THIS WEBSITE.

NEITHER HOMEZOOM, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, IVESTORS, AFFILITATES, MEMBERS, OR REPRESENTATIVES WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. HOMEZOOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR SERVICES, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION, DATA, SERVICES, PRODUCTS AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR INDIVIDUAL RISK. YOU EXPRESSLY AGREE THAT NEITHER HOMEZOOM, NOR ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTRS, EMPLOYEES, AGENTS, CONTRACTORS, IVESTORS, AFFILITATES, MEMBERS, OR REPRESENTATIVES ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE AND/OR HOMEZOOM SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOMEZOOM AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, ANY CONTENT, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HOMEZOOM IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS, REAL ESTATE AGENTS, REAL ESTATE BROKERS, SALES ASSOCIATES, MORTGAGE COMPANIES, ADVERTISERS, SERVICE PROVIDERS, OUR PARTNERS, OR ANY THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, HOMEZOOM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless HomeZoom, its parents, subsidiaries, officers, directors, assigns, investors, employees, agents, contractors, affiliates, members, licensors, and representatives from and against any claims, actions and demands, including without limitation any legal and accounting fees, loss of data or other intangibles, alleging or resulting from your use of this Website or your violation of these Terms of Service.

Digital Millennium Copyright Act and Infringement Policy

HomeZoom works to ensure that any content on our Website does not infringe upon the copyright, trademark, or other intellectual property right of third parties, and we respond to notices of alleged copyright infringement, as set forth in the United Stated Digital Millennium Copyright Act of 1998 (“DMCA”). For more information, you can visit U.S. Copyright Office website at www.copyright.gov.

To reduce the number of fraudulent, unverifiable, or unclear allegations, our policy is to respond to notices of copyright infringements, as set forth in the United States Digital Millennium Copyright Act. If you believe that your intellectual property right has been infringed, please notify HomeZoom Designated Agent. Your notification must meet the following requirements and include the following information:

1. Electronic or physical signature of the copyrighted work owner (or authorized person);

2. Description of the copyrighted work, including the URL where this infringing content is available or a copy of it;

3. Identification of the material that is claimed to be infringed and where it is located on the Website or Services;

4. Include the contact details of the person submitting the notice: an email address, telephone number and mailing address;

5. A statement in "good faith belief" that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

6. A statement by the person who sends the notice, made under penalty of perjury, that all the information included in the notice is accurate and that the person sending the notice is either the copyright owner or authorized to act on the copyright owner's behalf;

7. The above information must be submitted to the following HomeZoom Designated Agent:
Attn: DMCA Notice, HomeZoom, LLC., 964 High House Rd., Suite 3029, Cary, NC 27513
Or by Email: support@homezoom.com

Note that there are several exceptions to the DMCA. These exempt certain activities related to nonprofit libraries, educational institutions, archiving activities, investigations, protective and security activity and government activity. You can read Copyright Law - 17 U.S.C 512(c)(3) for more information.

You consent and agree that your notice of alleged copyright infringement will be forwarded to any person or third-party who allegedly provided infringing copyright, trademark, or other intellectual property content or material, and who may published, edit, modify, or otherwise use such notice of alleged copyright infringement.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARTY DAMAGES, COURT COSTS, AND ATTORENY'S FEES.

Termination

HomeZoom reserves the right to suspend or terminate the relationship or affiliation with, or any membership, or any access, or HomeZoom Services to any user at any time without any notice for any reason and without any liability, including but not limited to any user who provides the misleading or inaccurate information, or violates these Terms of Service, or the terms and conditions of any HomeZoom Service, in which the user maybe participating or engaged in. A user may cancel any membership or affiliation with HomeZoom at any time by contacting us at support@homezoom.com. Note that any customer/client referrals made prior to such termination may still be subject to the prior agreement between HomeZoom and our affiliated real estate partner agent or broker, or other partners.

Entire Agreement

These Terms of Service shall be deemed to include all other notices, rules, guidelines, agreements, conditions, policies, disclaimers and other terms contained on this Website; provided however, that in the event of a conflict between such other terms and the Terms of Service, the Terms of Service shall control. The Terms of Service constitute the entire agreement and supersedes and replaces any and all prior oral or written agreements, representations, warranties, or other statements or documents, between HomeZoom and you regarding your use of this Website.

Note that registration data and certain other information, such as your personal and non-personal information is subject to our separate Privacy Policy. For more information on privacy, please review our HomeZoom Privacy Policy.

Partial Invalidity

The invalidation of any provision or any portion of a provision of the Terms of Service by any entity with proper jurisdiction and authority does not invalidate the remaining provisions or the remaining portion of a provision.

No Waiver

No waiver of any breach by you of these Terms of Service shall constitute a waiver of any other or subsequent breach.

Governing Law, Jurisdiction & Venue, Disputes

You agree that this Terms of Service and/or any dispute of any kind that may arise between you and HomeZoom, our parents, subsidiaries or affiliates shall be governed by and will be interpreted under the laws in the State of North Carolina, United States, without regard to principles of conflict of laws. Any legal action regarding the Terms of Service shall be commenced and heard in the Wake County Court, North Carolina. The Arbitration Agreement, however, is governed by the Federal Arbitration Act and not by any state arbitration law. HomeZoom and you agree to submit and consent to the jurisdiction and venue of this court. You agree to irrevocably waive any rights you may have to commence any action against HomeZoom in any other court and irrevocably waive any rights or defenses in any action before the above noted court based on lack of personal jurisdiction or improper or inconvenient venue.

You agree that all disputes between you and HomeZoom shall be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights, or your rights to participate in bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury.

HomeZoom Licensing Information

HomeZoom, LLC. Real Estate Firm, North Carolina Real Estate Commission. License# C18970
HomeZoom, LLC. Auction Firm, North Carolina Auctioneer Licensing Board. License # 8924

Contact Information

If you have any questions or comments regarding these Terms of Service, please contact us at:

Email: support@homezoom.com

or Postal Mail: HomeZoom, LLC., 964 High House Rd., Suite 3029, Cary, NC 27513

HomeZoom Terms of Service

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