Electronic Signature Consent to These Terms and Online Agreements
Please read these Terms carefully, as your access to and use of the Sites constitutes your acceptance of these Terms. Giveback Homes reserves the right to change these Terms at any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you.
By accessing this Site and, where prompted, clicking "I agree", you agree to conduct each transaction by electronic means, and Giveback Homes and you hereby state that electronic signatures shall have the same force and effect as original signatures with respect to these Terms and all written agreements entered into between you and Giveback Homes on the Sites.
Giveback Homes is dedicated to creating a sustainable relationship between professionals and communities in need throughout the world. Our goal is to create social change through the act of buying or selling a home (the "Goal"). The Sites are designed, and all uses of the Sites are intended, to be in furtherance of the Goal.
Giveback Homes may offer from time to time certain features on the Sites (including without limitation online account payment, account information, and certain public forums, including message boards, testimonials, videos, social media feeds, and newsletters) (collectively, the "Services"). The following terms pertain to your ability to use the Services made available by Giveback Homes on the Sites:
Account Set Up. Browsing of the Sites’ public pages is currently provided free of charge to any person. However, access to the Agent Portal and certain Services will require an account to be first established and activated. You may sign up for an account by accessing the Sites and following the directions for setting up an account. As part of the account activation process, you must certify that you are 18 years of age or older. When you register for an account, you will be asked to create a unique user name (and/or a forum name), a password, and enter a valid email address for your account. You will be asked whether you have read and agree to abide by these Terms and any additional terms set forth on the account set up page. If you answer "I agree" and you otherwise are eligible, your account may be activated. If you answer "I Do Not Agree" or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online.
To be eligible to register and be activated as user of the Agent Portal, and as a "Giveback Homes" real estate professional, you represent and warrant that:
(i) You are a licensed real estate salesperson, agent or broker and are qualified and capable of performing real estate brokerage services;
(ii) You are in compliance with all real estate licensing and regulatory requirements in the geographic area in which you register on the Sites, including being properly and fully licensed in the state in which you register, including being properly and fully licensed in the state in which you register;
(iii) You agree to notify Giveback Homes promptly of any changes to your license status;
(iv) You have obtained all necessary permissions within your business organization and/or from you sponsoring broker to participate on the Sites, including the ability to legally pay Service dues and fees as outlined in these Terms; and
(v) Your participation on the Sites, including but not limited to the information on your Personal Home Page (as defined herein) and your contributed commissions, does not violate any applicable laws or regulations in the geographic area in which you register on the Sites and perform real estate brokerage services.
Giveback Homes reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediately after you register and you must confirm your email address and acceptance of these Terms by clicking on the confirmation link in the notification email. Once you have confirmed, you will be permitted to log in, view, load, post, and use the Services and the specific features of each Giveback Homes service for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms, understand your rights and obligations, and agree to be bound by these Terms. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.
Personal Home Page. One of the features available via the Agent Portal may include website development tools and the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal webpage (a "Personal Home Page"). Your Personal Home Page may have several features such as a my story page, a slide show (up to 10 photos with captions), a link to donate to "my Giveback Homes charity", a link to testimonials or comments (that can be edited only by you), contributions made, your personal URL, guest book, and email address book. In addition to these Terms, your use of the Personal Home Page and related Services may require your agreement and compliance with supplemental terms at the time that you register for a Personal Home Page. All information on your Personal Home Page, including your discretionary contributions to one or more Building Partners is based on self-reporting and Giveback Homes make no representation or warranties with respect thereto.
Payment Online. The Agent Portal also allows for online payment on your Giveback Homes account. This payment feature is provided by a third party vendor and use of this feature is subject to these Terms to the extent the terms set forth in these Terms are not contrary to the forms or other service agreements between you and the third party vendor. In order to make payments online, you must submit the necessary contact and payment information, including, without limitation, your name, address, payment account information (i.e., credit card, debit card, Pay Pal, etc.), and email. You are responsible for the accuracy of the information in your account(s) supplied by you to Giveback Homes. By providing such information to Giveback Homes by any means (e.g.: email, fax, telephone, mail, etc.), you represent that such information shall be accurate, complete, and correct and that you have lawful right to provide such information to Giveback Homes for use by Giveback Homes and its authorized vendors. You must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing Giveback Homes or its authorized vendors to collect any payments from a credit or debit card or Pay Pal account, and to use the Sites in accordance with these Terms. Billing occurs at the time of payment or shortly thereafter. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize Giveback Homes to charge the credit card or Pay Pal account provided by you or listed on your account for any outstanding fees or costs due to Giveback Homes.
Posted Content. You acknowledge and agree that any information or content posted to Giveback Homes’ social media pages, including without limitation its Facebook page or Twitter account, may be viewed by the general public and will not be treated as private or confidential. You agree that Giveback Homes may use (or not use, at Giveback Homes’ sole discretion) any content posted on Giveback Homes’ social media pages or the Sites in any manner that it deems necessary or appropriate. You authorize Giveback Homes and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content, including without limitation text, photos, video or audio recordings, on Giveback Homes’ social media pages or the Sites, you represent to Giveback Homes that you own or have the right to use and permit Giveback Homes to use such content in the manner stated above. If you identify yourself by name or provide a picture or audio or video recording of yourself on Giveback Homes’ social media pages or one of our public forums on the Sites, you further authorize Giveback Homes and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Giveback Homes’ operations throughout the world, and any such permission cannot be revoked for any reason. Although Giveback Homes reserves the right to remove without notice any posting for any reason, Giveback Homes has no obligation to delete content that you personally may find objectionable or offensive.
Availability of Service. Giveback Homes reserves the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at its sole discretion). You agree that Giveback Homes shall have no responsibility or liability for the deletion or failure to deliver or store any information, pictures, content or email provided by or stored by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Giveback Homes. You agree that Giveback Homes shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify Giveback Homes if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Giveback Homes.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU WILL INDEMNIFY AND HOLD GIVEBACK HOMES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY GIVEBACK HOMES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO GIVEBACK HOMES’ USE OF THE INFORMATION AND CONTENT PROVIDED B Y YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON GIVEBACK HOMES’ OWN NEGLIGENCE. IN NO EVENT SHALL GIVEBACK HOMES’ AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Acceptable Use Policy for the Services & Sites.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (v) impersonate any person or entity, including, without limitation, one of Giveback Homes’ or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; or (vii) collect or store personal data about other account users or attempt to gain access to other users’ accounts or otherwise mine information about other users or the Sites.
Restricted Use of Website Materials
Unless otherwise indicated, Giveback Homes or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design (the "Materials"). Additionally, Giveback Homes owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Giveback Homes, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Giveback Homes or any third party.
Unless otherwise indicated, Giveback Homes allows you to view and print information, documents, and web pages located on the Sites for your own personal use but not for resale provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Giveback Homes and if possible provide a reference to Giveback Homes’ main website, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Giveback Homes’ material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Giveback Homes or its licensors.
You acknowledge that the materials on the Sites are provided "as is" for general information only and without warranties of any kind. While Giveback Homes endeavors to keep the materials on the Sites current, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Giveback Homes does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.
Giveback Homes may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of the Goal. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. If you choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that Giveback Homes is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.
Links to Social Media Sites
The Sites contain links to other social media accounts and/or webpages hosted by or for Giveback Homes, which from time to time may include without limitation, Facebook, YouTube, and Twitter. Your access to and use of any such social media pages shall be governed by these Terms to the extent they are not contrary to the terms or other service agreements of the social media site operators. You, however, acknowledge that Giveback Homes has no control over the operations of the social media websites to which this Site may link and you acknowledge and agree to indemnify and hold harmless Giveback Homes for any breach of any terms or other service agreements of the social media site operators by virtue of your actions.
Giveback Homes does not knowingly solicit data from children or knowingly market to children. Giveback Homes is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Giveback Homes receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Giveback Homes will delete that information from the Sites as quickly as is reasonably practical.
Term & Termination.
These Terms are effective from the date that you first access the Sites or on the date that you activate your Agent Portal account, whichever is earlier, and continues in effect until terminated in accordance with these Terms.
Giveback Homes may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discontinuance of the Services as a whole; (viii) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; and/or (ix) any other reason considered by Giveback Homes to be in its best interest.
Limitation of Liability
In no event and under no circumstances shall Giveback Homes or its service providers or any contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Services and/or the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Services and/or the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose.
ou acknowledge that you are fully responsible and liable for any tax consequences (federal, state, local or otherwise) that may be incurred as a result of your access and/or use of the Sites and/or Services, and/or the contribution of all or any portion of any commissions to one or more third party, each of which has as its primary purpose the building of safe homes for families in need, and with which Giveback Homes is partnering as a building partner ("Building Partner"). You understand, acknowledge and agree that it is not the responsibility of Giveback Homes to determine the taxability, tax liability, and/or reporting requirements, for federal, state, local or other tax purposes, of a User of the Sites and/or the Services. Giveback Homes makes no representations or warranties as to such tax matters.
The Sites provide a network for socially conscious real estate professionals seeking to have a positive impact on the world and the industry they know best: real estate. The Sites are designed to act as a networking and self-promoting sites for participating real estate agents. The Sites also serve as a way for philanthropically inclined homebuyers, home sellers, prospective homebuyers and prospective home sellers ("Consumers") to find a Giveback Homes real estate agent in their neighborhood. You understand, acknowledge and agree that Giveback Homes has no control over the acts or omissions of any real estate professional using or not using the Sites and/or Services or registered or not registered with our Sites and/or Services and that Giveback Homes makes no representations and/or warranties about any user of the Sites and/or Services, including without limitation any person who accesses Services and certain features of the Sites which require an account to be first established and activated and payment for such Services and features. You further understand, acknowledge and agree that Giveback Homes makes no representations or warranties about the quality of the services actually provided by any such registered or unregistered user of the Sites and/or Services, including with respect to such user’s license status, experience, suitability, specializations, designations and certifications or disciplinary history. Such information is based on self-reporting by users. You acknowledge, understand and agree that Giveback Homes is not responsible for the performance or conduct, whether on or off the Site, of any user of our Services, whether or not such person has a registered account for use of certain, additional features of the Sites.
You understand, acknowledge and agree that Giveback Homes does not offer any real estate brokerage services and is not an agent or fiduciary of you or any Consumer; no broker or agency relationship is established by your use of the Sites; Giveback Homes does not and will not be representing you or acting on your behalf in any capacity. You understand, acknowledge and agree that any verifications, references, endorsements or ratings and reviews that appear on a Personal Home Page are completely self-reported by such account holder and Giveback Homes makes no representation or warranty with respect thereto. Giveback Homes disclaims any liability arising from or relating to the accuracy of any verifications, endorsements and/or ratings and reviews appearing on the Sites.
You further acknowledge that Giveback Homes does not offer any real estate brokerage services and is not an agent or fiduciary of any Consumer, nor is Giveback Homes an agent or fiduciary of any Giveback Homes real estate agent. You further acknowledge that Giveback Homes does not represent Consumers or act on their behalf and no professional relationships (including broker/salesperson sponsorship) is established by your use and or access of the Sites. You will not use information obtained through the Sites to locate, identify or directly contact a Consumer unless first contacted by such Consumer.
Giveback Homes expressly disclaims, and each user of the Sites and/or Services expressly releases Giveback Homes from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between users of the Sites and/or Services, including disputes between users and Consumers.
Consumers are responsible for complying with all federal, state and local laws and regulations relating to any home purchase, including, without limitation, RESPA and HUD regulations.
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND MATERIALS) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. GIVEBACK HOMES MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. GIVEBACK HOMES MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Notice of Claims of Intellectual Property Violations
Giveback Homes does not permit the use of content on the Sites that infringes on the copyright, trademarks or rights of publicity of others, and will remove any such content that violates the copyright, trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide the following information to Giveback Homes’ Privacy Officer:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Giveback Homes to locate the material.
4. Information reasonably sufficient to permit Giveback Homes to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Giveback Homes’ agent for the notice of any claim of infringement of any copyright, trademark or right of publicity is its Privacy Officer, who can be reached, as follows:
By email: email@example.com
By mail: Giveback Homes, L.L.C.
Attention: Privacy Officer
Please provide all of the information requested above. No specific form is required to provide Giveback Homes with notifications of possible infringement. However, it will take Giveback Homes longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
Governing Law and Venue
These Terms are governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Dallas County, Texas.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder. You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Sites) constitutes the entire agreement between you and Giveback Homes with respect to the Sites and the Services.
If you have any questions regarding these Terms, you may email or write to Giveback Homes:
By email: firstname.lastname@example.org
By mail: Giveback Homes, LLC
Attention: Privacy Officer
Posted: August 1, 2013
Giveback Homes Real Estate Agent Portal Additional Terms
Giveback Homes Real Estate Agent Service Dues and Payments
You agree to pay for all charges and dues incurred in connection with the establishment and activation of your account for your access and use of features on the Sites, including the Agent Portal, (including without limitation online account payment, account information, and certain public forums, including message boards, testimonials, videos, social media feeds, and newsletters) (collectively, the "Services"). All dues and charges are nonrefundable. The monthly dues (currently $50.00) for your subscription will be billed automatically to the credit card designated during the registration process at the start of the monthly period, and will auto-renew each month until membership is terminated. Giveback Homes does not intend, and is under no obligation, to pay all or any portion of such due and fees to any third party, including but not limited, any organization, charitable or otherwise, each of which has its primary purpose, the building of safe homes for families in need, and with which Giveback Homes is partnering as a building partner ("Building Partner") in furtherance of our Goal. These monthly dues help subsidize and optimize Giveback Homes’ efforts to consistently promote you as a Giveback Homes real estate professional across multiple media platforms. This includes: maintaining our website, marketing materials, public relations efforts, social media, organizing events for our subscribing members to network and share their experiences, and potentially help facilitate a trip to Nicaragua to visit the homes they helped build.
Giveback Homes Real Estate Agent Account Responsibilities
After facilitating a home transaction, Giveback Homes real estate professionals are expected to donate a discretionary percentage of their commissions to one or more of Giveback Homes Building Partners, each of which has its primary purpose, the building of safe homes for families in need. Giveback Homes does not establish or recommend a percentage or amount of commissions to be contributed to Building Partners. A list of our current Building Partners can be found at www.givebackhomes.com/building-partner. The Agent Portal also allows for online payment on your Giveback Homes account of all contributions to be made by you to one or more Building Partner. Giveback Homes does not have access to, nor will it retain or be paid, any portion of such contributions. Giveback Homes expects persons or organizations who subscribe to the Agent Portal and Services to provide factually correct information and to uphold high ethical standards in developing and presenting information, including, but not limited to, the information pertaining to contributions being made to Building Partners. Giveback Homes may require Giveback Homes real estate professionals to provide additional documentation to support the contributions to a Building Partner reported and displayed on the Giveback Home real estate agent’s Personal Home Page or elsewhere on the Sites.
All your discretionary contributions are to be used by the designated Building Partner to further its charitable purposes. You understand, acknowledge and agree that contributed commissions may be controlled by or subject to state and local laws and regulations and real estate licensure agencies or commissions, real estate contracts, etc. Giveback Homes makes no representations or warranties about a Giveback Home real estate professional’s legal right or entitlement to contribute all or any portion of any commission earned on a real estate transaction and/or the method of such contribution.
GIVEBACK HOMES LOGO USE AGREEMENT
This Logo Use Agreement ("Agreement") governs the use by the Licensee of the GIVEBACK HOMES logo, trademark, trade name, service mark and/or other intellectual property (collectively the "Mark") owned by Giveback Homes, LLC ("Giveback Homes") and for which use is permitted by and pursuant to this Agreement. Effective as of the date of acceptance and consent by Licensee, the parties agree as follows:
1.1. Subject to Licensee’s compliance with the terms of this Agreement, Giveback Homes grants to Licensee a non-exclusive, non-transferable, non-assignable, royalty-free, fully revocable license, without the right to grant sublicenses, to display the Mark for Permitted Purposes only.
1.2. As used herein, ("Permitted Purposes") shall mean use of the Mark in conjunction with Licensee’s print and/or online marketing, public relations, and advertising efforts.
1.3. Permitted Purposes expressly do not include any use of the Mark in conjunction with the promotion of, or reference or linking to: (1) profanity, sexually explicit materials, hate material, promotion of violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or family status, or any other materials unsuitable or harmful to the reputation of Giveback Homes; (2) illegal activities, deceptive practices or violations of the intellectual property or privacy rights of others; or (3) activities generally understood as internet abuse, including but not limited to, the sending of unsolicited bulk electronic mail or the use of spyware.
2. Restrictions. Licensee agrees that it shall use the Mark only in connection with goods and services that are of a high standard of quality so as to preserve the goodwill and good reputation associated with the Mark. In addition, Licensee agrees to immediately submit to Giveback Homes specimens showing Licensee’s intended use of the Mark for inspection upon request. Licensee shall comply with all guidelines and instructions provided by Giveback Homes from time to time to preserve the goodwill and good reputation associated with the Mark. Such guidelines shall include, without limitation, the Giveback Homes Logo Guidelines available at www.givebackhomes.com. Additionally, any online display of the Mark will link to http://www.givebackhomes.com. Licensee agrees to comply with all applicable laws and regulations, and to obtain all appropriate governmental approvals, relating to Licensee’s promotion of its business under the Mark. Licensee shall defend, indemnify and hold Giveback Homes harmless from and against all claims, damages, and liabilities (including reasonable attorneys’ fees) resulting from Licensee’s use of the Mark.
3. Ownership. Licensee acknowledges that Giveback Homes is the sole owner of the Mark and the goodwill associated therewith. Licensee agrees that it will do nothing inconsistent with such ownership and that all use of the Mark by Licensee shall inure to the benefit of and be on behalf of Giveback Homes. Licensee agrees further that nothing in this Agreement shall be construed as granting to Licensee any right, title or interest in the Mark, other than the right to use the Mark in accordance with this Agreement. Licensee agrees that it will not attack Giveback Homes’ ownership of and title to the Mark or attack the validity of the Mark or this license. Licensee agrees that it shall not at any time apply for registration of any trademark, service mark, business name, domain name or other designation that would be confusingly similar to, or would otherwise affect Giveback Homes’ ownership of the Mark.
4. Term; Termination. The Agreement shall remain in effect for a period of one-year. Thereafter, this agreement shall auto-renew for additional one-year periods unless either party provides the other at least five business days prior written notice of non-renewal, or unless otherwise terminated as provided herein. Either party may terminate this License at any time, for any reason, by giving the other party ten business days’ prior written notice. Giveback Homes may terminate the Agreement immediately with notice if it determines in its sole discretion that Licensee’s use of the Mark would result in any damage to the reputation or goodwill associated with Giveback Homes, Giveback Homes’ products and services, or the Mark. Upon termination, Licensee agrees to immediately discontinue all use of the Mark and any designation confusingly similar thereto, and to give Giveback Homes satisfactory evidence of destruction of materials bearing the Mark. Following termination of this Agreement, Sections 3, 4, 5, 6 and 7 shall survive.
5. Warranty Disclaimer; Limitation of Liability. GIVEBACK HOMES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE MARK, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GIVEBACK HOMES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Electronic Signature. Transmission of acceptance of this Agreement by electronic acceptance and/or signature constitutes Licensee’s affirmative consent to the provisions contained herein and acknowledgement that Licensee has read, accepts, and consents to be bound by this Agreement. Licensee, upon written request to Giveback Homes, shall have the right to have a record of this Agreement (and Licensee’s consent hereto) provided or made available via email or on paper and in non-electronic form at no cost. As stated above, Licensee may terminate this Agreement in accordance with the provisions contained herein. Standard computer and email systems are necessary for request, access, receipt, and retention of electronic records hereunder; and Licensee hereby confirms its consent and acknowledgement that it can access information via standard email system when and if used to provide information to Licensee.
7. Miscellaneous. Giveback Homes shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the Mark and is entitled to retain all amounts awarded in connection with such proceedings or any settlement thereof, although Licensee may join in any such action with Giveback Homes’ consent at its own expense. Licensee shall not assign, transfer or otherwise encumber this Agreement without prior written approval of Giveback Homes. This Agreement does not create a principal/agent relationship, partnership, or a joint venture between the parties. Giveback Homes may update, modify, amend, and/or revise this Agreement at any time and Licensee will be notified of any such changes by an updated posting of the new Agreement on this page (or any successor page) of the Giveback Homes site. Licensee’s continued use of the Mark without objection after the posting of any updated, modified, amended, and/or revised version of this Agreement shall constitute Licensee’s consent to the same. This Agreement shall be governed by the law of the State of Texas, and all claims arising hereunder shall be brought solely in the state or federal courts located in Dallas County, Texas. No waiver by either party of a breach or a default hereunder shall be deemed a waiver by such party of a subsequent breach or default. This Agreement constitutes the entire understanding between Giveback Homes and Licensee with respect to the subject matter hereof and supersedes any prior verbal representations or other communications; notwithstanding, in the event Giveback Homes and Licensee are parties to a separate written agreement regarding the subject matter of this Agreement, the terms and conditions of such separate written agreement will control in full. No waiver, modification or addition to this Agreement shall be valid unless in writing and signed by the parties hereto. Licensee agrees that in the event of Licensee’s breach of this Agreement, Giveback Homes shall be entitled to injunctive or other equitable relief and such other relief as any court with jurisdiction may deem just and proper without the necessity of posting a bond.