Terms Applicable to Real Estate Brokerage Services
By accessing or using the Services, you acknowledge that you are considering Flyhomes Brokerage as your real estate agent. You acknowledge and agree that you are entering into a lawful consumer-broker relationship with Flyhomes Brokerage. You have no obligation to work with Flyhomes Brokerage, and you may terminate your use of the Services provided by Flyhomes Brokerage at any time. You represent that you have a bona-fide interest in the purchase, sale, or lease of real estate of the type being offered through the Flyhomes Brokerage Services. Any information you obtain from the Services is intended for your personal, non-commercial use. You agree to not copy, redistribute, or retransmit any data or information provided through the Flyhomes Brokerage Services except in connection with your consideration of the purchase and sale of real property. You acknowledge that the individual multiple listing service (MLS) which supplies the listing data owns the rights to such data, and you acknowledge the validity of the MLS’s copyright of such data, as well as the ownership and validity of individual broker’s copyright in the specific listing content.
You acknowledge that Flyhomes Brokerage authorizes MLS employees, MLS members, and/or their duly authorized representatives to access the Services for the purpose of verifying compliance with MLS rules and monitoring the display of user listings through the use of the Services.
You agree that in order for you to purchase real property with a Flyhomes Brokerage agent, you will need to enter into a Buyer Agreement to become a Flyhomes Brokerage client. These Terms shall not limit or modify any other agreement you enter into with Flyhomes Brokerage.
Terms Applicable to All Services
The Services offered by us are based in the United States. We may change, suspend, or discontinue all or any part of the Services, or deny you access to all or any part of the Services, without notice and without reason. By accessing the Services, you agree that you will not:
Use the Services for any unlawful purpose, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services, except as explicitly permitted under these Terms;
Obscure, block, or interfere with any advertisements or safety features on the Services;
Circumvent, remove, alter, degrade, or thwart any protections in the Services, or use the Services to collect any market research;
Use automated means, including spiders, robots, crawlers, or data mining tools, to download or scrape data from the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
Take any action that imposes or may impose (in our discretion) an unreasonable load on our technical infrastructure; or
Interfere with the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from use of the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations.
Accounts and Passwords
To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as an email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. You are responsible for maintaining the confidentiality of your usernames and passwords associated with your account and the Services. You must notify us immediately of any unauthorized use of your account. You may be liable for losses or damages incurred by us or any other user of the Services due to someone else using your username, ID, password, or other information which provides access to the Services. We are not liable for any loss or damage you may incur as a result of your failure to comply with these requirements.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host, or network. Violations of system or network security may result in civil or criminal liability. Flyhomes will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to use the software and related functionality embedded in the Services (collectively, “Software”). Certain Software that Flyhomes uses to provide the Services has been licensed from third parties (each, a “Third Party Licensor”) that are not affiliated with Flyhomes. Your limited right to use the Software is revocable in the discretion of Flyhomes and its Third-Party Licensors. You agree to download and install all Software updates for the Services promptly once they are available to you. Flyhomes and its Third-Party Licensors have no obligation to correct any bugs, defects or errors in the Services or Software, or to otherwise support, maintain, improve, modify, upgrade, update, or enhance the Services or Software.
Information Subject to Change
Although Flyhomes has tried to provide accurate and timely information, the content of the Services may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained in the Services are subject to change at any time without notice. Flyhomes may change the products, services and other information identified on the Services at any time. Applicable terms, conditions, and eligibility requirements are subject to change and not all Services are available in all geographic areas. The information published on the Services is provided as a convenience to our visitors and is for informational purposes only. You should verify all information before relying on it and any decisions which you may make based upon the information contained on the Services shall be at your sole risk and responsibility. Your eligibility for particular Services is subject to final approval, determination, and acceptance by Flyhomes in its sole and absolute discretion, notwithstanding your visit to and/or use of the Services.
You agree that when you use the Services, you will remain subject to the terms and conditions of all of your existing agreements with us, our affiliates and/or any unaffiliated service providers and your internet service provider and mobile service carrier or provider, and that these Terms do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Services (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the Flyhomes Apps), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service carrier or internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.
Flyhomes and the other trademarks, logos, and service marks displayed on the Services are our trademarks or those of our affiliates and/or other respective third-party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written permission. All rights, title, and interest in the Services and any content contained herein are the exclusive property of Flyhomes, except as otherwise stated.
The information contained on the Services, including but not limited to text, graphics, and images (other than certain images licensed from third parties) and their arrangement, are copyright ©2020 by Flyhomes, Inc. and/or its affiliates and subsidiaries. All rights reserved.
You are authorized to view the information available on the Services for your informational purposes only. If you download any information from the Services for your personal reference, you shall not obscure any copyright, trademark, or other notices, and you acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit, or exploit in any manner any material including by storage on retrieval systems, without the express written permission of Flyhomes. Deliberate misuse of the Services is expressly prohibited and Flyhomes reserves the right to terminate your access to the Services at any time for any reason and to advise the legal authorities of any misuse of the Services, including, without limitation, hacking and the introduction of viruses or other malware.
By your use of the Services, you also expressly consent to receiving servicing, collection, marketing and other calls and messages (including auto-dialed and pre-recorded message calls), SMS messages (including text messages), faxes, letters, and emails from us, our affiliates, marketing partners, agents, and others communicating at their request or on their behalf, via any telephone numbers (including any cellular telephone numbers), mailing addresses, or email addresses, or by using any other information that you have provided or may provide in the future. Your cellular or mobile telephone provider may charge you according to the type of plan you carry. Your consent will be effective regardless of any registration with any state or federal Do Not Call list or other comparable list or registry. Your consent for auto-dialed and prerecorded calls shall remain in effect until you revoke it. Your consent to these calls may be revoked by informing the telemarketing representative or by any other reasonable method that ensures we receive the revocation. Your consent to telemarketing calls is not a condition of obtaining the Services.
By submitting any comment, complaint, suggestion, improvement, idea, testimonial or other communication (each, a “Submission”) to Flyhomes through the Services or any other method, you acknowledge and agree that any and all Submissions, and all rights therein, become the sole and exclusive property of Flyhomes, including any future rights, regardless of any subsequent modification or deletion of the provisions in the Terms. You acknowledge and agree that you irrevocably disclaim any right in the Submission and that the right to use, publish, display, commercially exploit, and create derivative ideas based on the Submission belong exclusively to Flyhomes with no compensation, notice, credit or other obligation being due or owed to you or anyone else.
You also consent to the recording and monitoring, for quality assurance, training, risk management, collection or other purposes, of any calls or other communications that you place with or send to us (or our agents, representatives, affiliates, third parties or anyone contacting on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone contacting on our behalf) place to or send to you.
Please note that messages you send Flyhomes by email may not be secure. Flyhomes recommends that you do not send any confidential information to Flyhomes by email. If you choose to send confidential information to Flyhomes via email, you accept all risk that such information may be intercepted by a third party
THE ONLINE RESOURCES AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY, OR COMPLETENESS OF INFORMATION, MATERIALS, PRODUCTS AND SERVICES, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. FLYHOMES AND THIRD-PARTY DATA PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES.
FLYHOMES DOES NOT OPERATE AS AN ACCOUNTING, FINANCIAL OR INVESTMENT PLANNER OR ADVISOR. WE DO NOT PROVIDE FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX OR LEGAL ADVICE. YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK.
FLYHOMES IS NOT ACTING AS A BUSINESS ASSOCIATE OR SUBCONTRACTOR (AS SUCH TERMS ARE DEFINED AND USED IN HIPAA) AND THE SERVICES PROVIDED BY FLYHOMES ARE NOT HIPAA COMPLIANT. FLYHOMES HAS NO LIABILITY UNDER THIS AGREEMENT FOR SENSITIVE DATA.
Limitation of Liability
In no event shall we be liable for any lost profits, lost opportunity, cost of procurement of substitute goods or services, intangible loss, or any indirect, special, incidental, exemplary, punitive or consequential damages, damages arising out of or in connection with your access to, use of, or inability to access and use the Services, the Software, or any related products or services, or the copying or displaying of, or the interaction or any other form of communications with the Services, regardless of whether we have been advised of the possibility of such damages, losses, or expenses and regardless of the action, whether in warranty, contract, tort or otherwise. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLYHOMES FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE ONLINE RESOURCES AND RELATED SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO FLYHOMES FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You will indemnify, defend, and hold us, our affiliates, and our respective shareholders, members, officers, directors, employees, agents, successors and assigns (collectively, “Flyhomes Indemnitees”) harmless from and against any actual or alleged claims or losses, and expenses, including reasonable attorney’s fees (collectively, “Losses”), incurred by any Flyhomes Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your use of any Online Resource in violation of these Terms, (ii) your breach of any of your representations and warranties hereunder, or (iii) your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our (i) promptly notifying you of the Claim and (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restrictions or limitations.
These Terms are governed by the laws of the State of Washington (without regard to conflict of law provisions) and applicable federal law. Our failure to exercise or delay in enforcing any of our rights shall not constitute a waiver of such rights. These Terms, together with all other documents incorporated herein, constitutes the entire agreement with respect to the subject matter herein, provided that these Terms shall not limit or modify any other agreement you enter into with Flyhomes. You agree that any action at law or in equity arising out of or relating to these Terms or the use of the Services shall be filed only in the state or federal courts located in King County, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You agree that if any provision of these Terms shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and shall not affect the validity and enforceability of such other provisions.
Consent to Electronic Transactions and Disclosures
Because you are using the Internet on the Services, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us and for all our Services, we also need you to consent to our giving you certain disclosures electronically, either via the Services or to the email address you provide to us. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements—arising from or relating to you—regarding any Services you may request or receive or your use of the Services (each, a “Disclosure”).
Scope of Electronic Consent. our consent is applicable to receive Disclosures and to transact business electronically. Our agreement to do so applies to any transactions to which such Disclosures relate between you and Flyhomes. Your consent will remain in effect as long as you are a user of the Services and, if you are no longer a user of the Services, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a user have been made.
Consenting to Do Business Electronically. Before you decide to do business electronically with Flyhomes, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. To access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet, an email account and related software capable of receiving email through the Internet, a web browser which is SSL-compliant and supports secure sessions (such as Microsoft Edge, mobile Safari, Firefox, Chrome, or the equivalent software), and hardware capable of running this software.
Request for Paper Disclosures.
If you require paper copies of Disclosures, you may: (i) sign in to your account on the Services and print the documents desired; (ii) write to us at Flyhomes, Inc., 1201 Western Ave, Suite 100, Seattle, WA 98101, Attention: Customer Service; (iii) send us an email message at [email protected]
; or (iv) call us at (855) 935-9466. For any paper copy of a Disclosure that you request we send to you, you will be charged $5.00 per document requested. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically.
Additional Mobile Technology Requirements. If you are accessing our Services and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements, you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the devices’ respective “app store.” If you do not have these capabilities on your mobile device, please access this through a device that provides these capabilities.
Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you may not be able to access or use the Services. If you have a pending request on the Services or relating to the Services, we may terminate it and remove it from our system. If you have already received or used the Services, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified business address provided during registration.
How to Contact Us regarding Electronic Disclosures.
You can contact us via email at [email protected]
or by calling (855) 935-9466. You may also reach us in writing to us at the following address: Flyhomes, Inc., 1201 Western Ave, Suite 100, Seattle, WA 98101, Attention: Customer Service.
Contact Information and License Disclosures
The Services are offered by Flyhomes and its affiliates, headquartered at 1201 Western Ave, Suite 100, Seattle, WA 98101. You may contact Flyhomes by sending correspondence to that address or emailing [email protected]
Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services