1. Overview. Our site acts as the venue to connect those
with business opportunity with those seeking business opportunities. We are not
involved in the actual transaction. As a result, we have no control over the
quality, safety or legality of the Auctions listed, the truth or accuracy of
the information in Auctions, the ability of Buyers or Sellers or Agents to
perform as expected. In addition, note that there are risks of dealing with
foreign nationals, underage persons or people acting under false pretense.
Because user authentication on the Internet is difficult, HomeCommission.com
cannot and does not confirm that each user is who they claim to be. For legal
reasons, we cannot nor do we try to control the information provided by other
users which is made available through our system. By its very nature, other
people's information may be offensive, harmful or inaccurate, and in some cases
will be mislabeled or deceptively labeled. We expect that you will use caution
-- and common sense -- when using our site.
2. Release. Because we are not involved in any transaction, in the event
that you have a dispute with one or more users, you release HomeCommission.com
(and our officers, directors, agents, subsidiaries and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code §1542, which says: A general release
does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.
3. Auction Description. Auctions may only include text descriptions. All
listed items must be listed in an appropriate category.
4. Fraud. Without limiting any other remedies, HomeCommission.com may
suspend or terminate your account if you are found (by conviction, settlement,
insurance or escrow investigation, or otherwise) to have engaged in fraudulent
activity in connection with our site.
5. Your Information. Your information includes any information you
provide to us or other users during the registration, bidding or Auction
closing process, in any public message area or through any email feature. With
respect to Your Information: You are solely responsible for Your Information,
and we act as a passive conduit for your online distribution and publication of
Your Information. However, we may take any action with respect to such
information we deem necessary or appropriate in our sole discretion if we
believe it may create liability for us or may cause us to lose (in whole or in
part) the services of our ISPs or other suppliers. Your Information (or any
items listed therein): (a) will not be false, inaccurate or misleading; (b)
will not be fraudulent or involve the sale of counterfeit or stolen items; (c)
will not infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (d) will not
violate any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
antidiscrimination or false advertising); (e) will not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) will not be
obscene or contain child pornography or, if otherwise adult in nature or
harmful to minors, will not be posted anywhere on HomeCommission.com; (g) will
not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information; (h) will not create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers; and (i) will
not link directly or indirectly to or include descriptions of goods or services
that: (aa) are prohibited under this Agreement; Solely to enable
HomeCommission.com to use the information you supply us with, so that we are
not violating any rights you might have in that information, you agree to grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise the copyright and
publicity rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information
HomeCommission.com will only use Your Information in accordance with our
Privacy Policy.
6. Access and Interference. Our web site contains robot exclusion
headers and you agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission. You agree that
you will not use any device, software or routine to interfere or attempt to
interfere with the proper working of the HomeCommission.com site. You agree
that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the information on
our site is updated on a real time basis and is proprietary or is licensed to
HomeCommission.com by our users or third parties. You agree that you will not
copy, reproduce, alter, modify, create derivative works, or publicly display
any content (except for Your Information) from our website without the prior
expressed written permission of HomeCommission.com.
7. Breach. Without limiting other remedies, we may immediately issue a
warning, temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you: (a) if you breach this Agreement or
the documents it incorporates by reference; (b) if we are unable to verify or
authenticate any information you provide to us; or (c) if we believe that your
actions may cause legal liability for you, our users or us.
8. Liability Limit. IN NO EVENT SHALL WE, HOMECOMMISSION.COM INC., BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE).
9. Indemnity. You agree to indemnify and hold us and our subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
third party.
10. No Agency. You and HomeCommission.com are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
11. Arbitration. Any controversy or claim arising out of or relating to
this Agreement will be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim will be arbitrated on an individual basis, and will not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitrary will be conducted in Los Angeles, California, and judgment
on the arbitration award may be entered into any court having jurisdiction
thereof. Either you or HomeCommission.com may seek any interim or preliminary
relief from a court of competent jurisdiction in Santa Monica, California
necessary to protect the rights or property of you or HomeCommission.com
pending the completion of arbitration.
12. General Compliance with Laws. You will comply with all applicable
laws, statutes, ordinances and regulations regarding your use of our service.
13. General. This Agreement will be governed in all respects by the laws
of the State of California as such laws are applied to agreements entered into
and to be performed entirely within California between California residents. We
do not guarantee continuous, uninterrupted or secure access to our services,
and operation of our site may be interfered with by numerous factors outside of
our control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision will be struck and the remaining provisions will
be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. This Agreement sets forth the
entire understanding and agreement between us with respect to the subject
matter hereof.
14. Parental Control. Parental control protections (such as computer
hardware, software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors. If you are
interested in learning more about these protections, information is available
at http://www.worldvillage.com/wv/school/html/control.htm or other analogous
sites providing information on such protections. The Complaint Assistance Unit
of the Division of Consumer Services of the Department of Consumer Affairs may
be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone
at (800) 952-5210.
15. HomeCommission.com Inc. Real estate Commission Auction services on
HomeCommission.com are offered by HomeCommission.com Inc.
16. Auction Format Items Due to the wide variety of laws governing the
sale of real estate, HomeCommission.com auction-style of real estate
commissions do not involve legally binding offers to buy and sell, or to do
business together Instead, HomeCommission.com auctions are simply a way for
potential seller and to meet potential real estate Agents. HomeCommission.com
is not involved in the actual transaction between buyers and sellers and, as a
result, has no control over the quality, safety or legality of the properties
advertised, the truth or accuracy of the postings, the ability of sellers to
sell items or the ability of buyers to buy properties or the ability of agents
to provide services. We cannot ensure that a buyer or seller or agent will
actually complete a transaction.HomeCommission.com offers NonBinding Auctions
involving procedures and expectations on the part of both seller and buyer and
agents.Non-binding auctions of real estate commissions do not involve binding
commitments by users to reach an agreement to buy or sell a property. Instead,
these auctions are simply a way for sellers to find the agents that can provide
their services for minimum cost to the seller; or for buyers to find an agent
that would result in maximum savings to buyer; or for agents to fins new
clients to maximize business. At the close of the auction, the agent, seller,
buyer is expected to contact the winning realtor to discuss entering into a
contract for the real estate property. Neither party is obligated to complete
the transaction. Non-binding auctions are used in cases where the binding
auction format (discussed below) is unavailable due to legal or other
restrictions.
17. Ad Format Items HomeCommission.com Real Estate also offers realtors,
Seller the option of advertising. Realtors can advertise their professional
service. Realtor advertising must conform to their local licensing laws and
regulations. In accordance with the HomeCommission.com User Agreement, all
users must treat the contact information in full compliance with
HomeCommission.com's Privacy Policy. This policy prohibits sharing the
information with third parties as well as use of the user’s information for any
purpose other than communicating with the user about the information and
services referenced in the iAuction, unless expressly permitted to do so by the
user. Failure to comply with this policy can result in the user’s suspension or
expulsion from the HomeCommission.com community.
18. Real Estate Licensees HomeCommission.com users who are licensed as
an agent, broker, or other licensed real estate professional must ensure that
their realtor information conforms to all laws and regulations applicable to
online advertising by such licensees. These requirements may include, among
other things, disclosure of the licensee's name, any firm with which the
licensee is affiliated, office location, and the jurisdiction(s) where the
licensee is licensed.
19. HomeCommission.com's Role as a Venue Provider / Broker Relationship (Agency)
Disclosure The role of HomeCommission.com Real Estate in the Realtor-
Buyer or Realtor-Seller agreement is limited to providing a venue for
communications about a property. HomeCommission.com is not responsible for, and
does not engage in, brokering, selling, purchasing, exchanging, or leasing
posted properties or providing a multiple listing service as that term is
traditionally used.
20. Auction Description and Picture Theft HomeCommission.com members are
not allowed to use another HomeCommission.com user's pictures or descriptions
in their Commission Auction descriptions without the owner's permission.
Auctions that violate HomeCommission.com's Picture and Description Theft policy
may be removed early. Multiple violations of this policy can result in
suspension.Report another member who is using your text or images without your
permission.
21. Links Policy HomeCommission.com allows realtors or Sellers or Buyers
to place only certain types of links within an Auction description. Links that
are permitted are listed below:One link to a page that further describes the
property for which Commission is being auctions in that listing
One link to your email address that opens an email client for potential users
to ask questions about the Commission Auction.
Links to your HomeCommission.com Auctions.
Links to your About Me page.
Links to your “Add to My Favorite Sellers and Stores” page
One link to your listing terms and conditions (providing that the most relevant
information is within the listing itself and that this page does not include
any links off of the HomeCommission.com Web site)
Violations of this policy may result in a range of actions, including:
Listing cancellation
Limits on account privileges
Account suspension
Forfeit of HomeCommission.com fees on cancelled listiAuctions
22. Profanity HomeCommission.com does not allow the use of profanity or
patently vulgar language in a public area of the site. This includes the use of
language that is racist, hateful, sexual or obscene in nature. Blurb out of
profane words are also not permitted. 'blurb' out the bulk of the offending
word with asterisks (i.e., s*** or f***) are not permitted. Violations of this
policy may result in a range of actions.
23. Spam (Unsolicited Commercial Email) - Overview Spam is not permitted
on HomeCommission.com. Spam is email that is both unsolicited and commercial in
nature. Unsolicited: The email has been sent without the permission of the
person who received it Commercial: The email discusses buying, selling or
trading of goods or services Violations of this policy may result in a range of
actions.
24. HomeCommission.com is a Venue. HomeCommission.com is not an
Auctioneer. We are not involved in the actual transaction between buyers and
sellers and realtors. As a result, we have no control over the quality, safety
or legality of the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell items or the ability of buyers to pay for items. We
cannot ensure that a all parties will actually complete a transaction.
Consequently, we do not transfer legal ownership of Auctions from the user to
user, and nothing in this agreement will modify the governing provisions of Ca.
Com. Code § 2401(2) and Uniform Com. Code § 2-401(2).
25. Identity Verification. We use many techniques to verify the accuracy
of the information our users provide us when they register on the Site.
However, because user verification on the Internet is difficult,
HomeCommission.com cannot and does not confirm each user's purported identity.
We also encourage you to communicate directly with potential trading partners
after Auction closes.
26. Release. Because we are a venue, in the event that you have a
dispute with one or more users, you release HomeCommission.com (and our
officers, directors, agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code §1542, which says: A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.
27. Information Control. We do not control the information provided by
other users that is made available through our system. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive. Please
use caution, common sense, and practice safe trading when using the Site.
Please note that there are also risks of dealing with underage persons or
people acting under false pretense. Additionally, there may also be risks
dealing with international trade and foreign nationals. By using this Site, you
agree to accept such risks and HomeCommission.com is not responsible for the
acts or omissions of users on the Site.
28. Listing Commission Auction. You must be legally able to sell the
property for which you begin a commission auction on the Site. You must
accurately describe your property and all terms of sale on the Auction creation
page of the Site. Your listings may only include text descriptions, graphics,
pictures and other content relevant to the Commission Auction of that property.
All listed items must be listed in an appropriate category. Fraud. Without
limiting any other remedies, HomeCommission.com may suspend or terminate your
account if we suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in connection
with the Site.
29. Resolution of Disputes. In the event a dispute arises between you
and HomeCommission.com, our goal is to provide you with a neutral and cost
effective means of resolving the dispute quickly. Accordingly, you and
HomeCommission.com agree that any claim or controversy at law or equity that
arises out of this Agreement or our services (Claims) will be resolved by
mutually agreed upon in writing by the parties. Before resorting to these
alternatives, we strongly encourage you to first contact us directly to seek a
resolution and we will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation, as an
alternative to litigation.
30. Membership Eligibility. Our services are available only to, and may
only be used by individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our services are not available
to children (persons under the age of 18) or to temporarily or indefinitely
suspended HomeCommission.com members. If you are a under the age of 18, you can
use this service only in conjunction with, and under the supervision of your
parents or guardians. If you do not qualify, please do not use our Site.
Further, your HomeCommission.com account (including feedback) and User ID may
not be transferred or sold to another party. If you are registering as a
business entity, you represent that you have the authority to bind the entity
to this Agreement.
31. Fees and Services. Registration and bidding on Commissions at
HomeCommission.com is free at this time.
32. Disclaimer.Information presented here is is being provided to you on
an as-isbasis. HomeCommission.com does not not make any representations,
warranties or guarantees, express or implied, regarding the accuracy,
correctness, or completeness of such information, including, without
limitation, pricing, descriptions, designs, data and other features. It is your
sole responsibility to independently evaluate the accuracy, correctness and
completeness of the information presented here. All information is subject to
change without notice.
33. Note to Realtors. It shall be the responsibility of the
Realtor to ensure that giving cash back (in the form of cash, check, closing
cost credit etc) does not violate his/her local real estate laws or her agency
agreement with his/her broker. HomeCommission is just a venue to connect the
Realtors to the Sellers and Buyer and do not participate in any legally binding
contracts between the parties. Any auction does not establish a legally binding
contract between the Realtors/Brokers and the Seller/Buyers.
34. Does HomeCommission auction establish a binding contract between
Seller/Buyer and the winning Realtor?
No. For contract to be binding it must be documented and signed by
both parties after the mutual agreement is reached. HomeCommission.com is just
a venue and not even an intermediary. Our site acts as the venue to connect
those with business opportunity with those seeking business opportunities. We
are not involved in the actual transaction.
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