Terms of Service
These Terms of Service (collectively with MrHomes' Copyright Policy, the "Terms of Service") set forth legally binding terms and apply to your use of www.RBS-HOMES.com and website that is controlled by MrHOMES (collectively, the "Site") and any services, products, platforms, features, content, or Applications offered by MrHOMES, Inc.
"Agents" are people and other entities we contract with, including our independent contractor licensed real estate salespersons and brokers, that may offer or provide services to you. Please note that although Agents may elect to use MrHOMES designated email addresses or marketing materials, Agents are independent contractors who are not employed or controlled by MrHOMES. These Terms of Service do not govern your interaction with Agents outside of the Site, and you will be governed by other terms of service, if any, of the websites or services through which you are interacting with those Agents.
IMPORTANT NOTICE:
THESE TERMS OF SERVICE INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 16 FOR MORE INFORMATION.
Acceptance of Terms of Service
BINDING CONTRACT
BY REGISTERING FOR AND/OR USING THE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE AND/OR THE APPLICATIONS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY US OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE.
Applicability
These Terms of Service apply to all users of the Services, including, without limitation, users who seek rental or sales listings or seek to have rental or sales listings posted, and users who are contributors of comments, reviews, photos, content, information, and other materials or services, registered or otherwise.
Eligibility
Eligibility Requirements
You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services.
What We Do
Our Services
In addition to the services we offer in person, the Services include online platforms on which people or entities that wish (and have the right) to rent, lease, or sublet their properties ("Landlords") or sell their properties ("Sellers") may propose to us property listings, which are published listings of real property subject to agreements memorializing the right of an agent/broker to manage the marketing, leasing, and/or sale of such real property, in exchange for a fee or commission for their services ("Listing").
Please Be Smart
You understand and agree that we are not a party to any agreement you enter into with any other user, whether or not that agreement is provided through the Services, and you acknowledge that you are solely responsible for your interactions, correspondence, and transactions with other users of the Services, whether on the Site, the Applications, in person, or otherwise.
- Please exercise good judgment and common sense;
- Please conduct all necessary, appropriate, and prudent inquiries, investigations, research, and due diligence;
- Please take all necessary precautions when interacting with others or publicly posting Content.
Advertising
Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored Listings, and the like in connection with the Services on, around, and in connection with your User Content.
Website Tracking
For non-MrHOMES agent consumers, MrHOMES does not use session replay technology, but does use auto-capture features as you navigate our platform (desktop and mobile). We collect this information for both IT debugging purposes, and to provide us with valuable information used when considering possible web and mobile enhancements.
Registration
Account
To utilize certain Services, you will be required to register for an account (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use a username subject to any rights of a person other than you without appropriate authorization; or (iii) use a username that is otherwise offensive, vulgar, or obscene.
Equal Housing Opportunity
We are pledged to the letter and spirit of Philippines policy for the achievement of equal housing opportunity. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, religion, sex, handicap, familial status, or national origin. We endeavor to treat all parties fairly and honestly and to support equal housing opportunities. We encourage our users to do so as well.
User Content; Intellectual Property Rights
User Content
All Listing, rental, or sales information, and other content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.
The following standards apply to any and all User Content. You must ensure that all User Content posted by you complies with all applicable laws and regulations. Without limiting the foregoing, you must not post User Content that:
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty
- is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, or profane
- constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (i.e. spamming)
- contains software viruses or any other harmful computer codes
- impersonates any person or entity, including any of our employees or representatives
User Content License Grant
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services.
Third Party Services
The Site and Applications may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk.
These other third party resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such third party websites or resources.
Warranty Disclaimer
NO WARRANTIES; DISCLAIMERS
THE SERVICES AND CONTENT, INCLUDING THAT FROM AGENTS, ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnification
You shall defend, indemnify, and hold harmless us, and each of our and their respective employees, contractors, directors, suppliers, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to:
- your use or misuse of, or access to, the Services, Listings, Content, or otherwise from your User Content
- violation of these Terms of Service
- breach of any contract, or other agreement you enter into
- personal injury, property damage, or other claims or damages relating to property defects
- your interactions or transactions with any other user
- infringement by you, or any third party using your Account
Limitation of Liability
LIABILITY LIMITS
IN NO EVENT SHALL WE, NOR AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS, LICENSORS, AND REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, ACCOMMODATIONS, RIGHTS OR SERVICES.
User Disputes
We reserve the right, without any obligation, to intervene in or monitor disputes between our users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably request, in connection with any disputes involving you.
Mobile Application Terms
Apple Applications
Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will only use the App Store Sourced Application:
- on an Apple-branded product that runs iOS
- as permitted by the "Usage Rules" set forth in the Apple Media Services Store Terms and Conditions
Android Applications
Furthermore, with respect to any Application accessed through or downloaded from the Google Play Store ("Android Sourced Application"), you will only use the Android Sourced Application:
- on a product that runs Android
- as permitted by the requirements set forth in the Google Play Terms of Service
Miscellaneous
Entire Agreement
These Terms of Service, together with any state-mandated disclosure forms provided by us to you separately, are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals.
Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Assignment
These Terms of Service are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
Notices
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received. Electronic notices should be sent to [email protected].
Contact
If you have any questions, complaints, or claims with respect to the Services, you may contact us at:
MrHOMES, Inc.
Email: [email protected]