Terms of Service, Agent Agreement
This agreement establishes a referral arrangement between you and HomeBam (also known as HomeBam-AgentZip Referrals & Top Agent Leads). You hereby agree to the following:
What is HomeBam-AgentZip Referrals.com, TopAgentLeads.com and TopAgentConnection?
HomeBam-AgentZip Referrals and Top Agent Leads are the agent-facing services and brands for HomeBam. HomeBam is website available to consumers; buyers, sellers, or both, and it suggests, displays or matches the user Real Estate professionals. We also run ads that are redirected to a large variety of , landing pages and websites that are branded under our company, sub-brands, and websites we operate. We also utilize third party websites and services. We also have an in-house call center to generate seller/buyer leads through various campaigns. We do not guarantee a set amount of leads or referrals on a monthly basis as Real Estate markets vary and change and we have no control over real estate market trends or the clients themselves. Leads are not guaranteed. Prospect, Homeowners and Clients can make inquiries on various parts of the website Leads are routed by according to HomeBam’s lead routing preference to agent via email, phone and mobile device and applications. Agent agrees to the following terms:
A lead or referral is defined as a consumer, company or person who is looking to, might be, likely to engage in a real estate transaction. A Lead will have at least 3 of the following fields of information provided to you;
Additional Property Address
Referral Fee Terms
- You agree to pay HomeBam Inc a Referral Fee of 10-25% of the gross referred side commission received for referrals generated by HomeBam Inc. Your invoice and receipt will specify the referral fee associated with your account. However, for referrals received through the social network, agent to agent contacting (HomeBam Inc’s agent-to-agent referral service), you agree to pay HomeBam Inc a referral fee of 35% of the gross referred side commission. You’re not required to participate in this program.
- Gross Commission is calculated as that received by your Broker prior to any splits or concessions with you or any other brokers pertaining to the referred side of the transaction.
- If you help a Referral received through HomeBam Inc with the sale of one property and the purchase of another, you agree to pay the same Referral Fee described above for both transactions, and any new transactions that close within two years of the date of the Referral being sent to you by HomeBam Inc.
- You agree that you will not refer Clients to any other agents or brokers. If you refer the Client to another broker or agent without HomeBam Inc’s consent, you or your Broker shall be responsible for the Referral Fee according to the terms and conditions of this Agreement. This includes but is not limited to:
- If you refer the Client to another agent within your brokerage.
- If you refer the Client to another agent outside your brokerage.
- If you change brokerages but the Client stays with the same brokerage.
- If you change brokerages and take the Client with you to your new brokerage.
- In the event that you represent both a buyer and seller on the same transaction and one party is an HomeBam Inc Referral, the Referral Fee will be paid on ½ of the total gross commission of the transaction.
- In the event that you receive a Referral from HomeBam Inc with whom a pre-existing relationship between you and the Client had been established in the past 18 months, no Referral Fee is due to HomeBam Inc. In such cases, you must provide proof of the pre-existing relationship to HomeBam Inc.
This Lead/Referral or Buyer/Seller contact info is sent to your preferred email or phone number after they have expressed interest to us and agreed to accept a call or communication from an agent on our program. In some cases, they will express interest online but we will be unable to reach them thereafter, these will still be counted and categorized as leads or referrals. Territories: You will choose 1 or more zip codes for us to target but understand leads and inquiries will come from nearby zip codes. A lead is counted if the buyer or seller’s property location or locations of interest are within 30 miles of the zip code you selected. We will Email, call or text you with each lead and send over the lead information and details.We reserve the right to collect any outstanding fees at the time of your membership ending. If no payment or any status/communication from agent has not been received by HomeBam within 21 days of fee being due, agent will be marked as Non-Compliant and will not receive leads for the duration of the length of the program.
Programs Powered by HomeBam:
Top Agent Directory: You are paying to be displayed on the website with your profile. No referral fees or finder’s fees are due as your phone number and websites etc. are listed for client’s to contact you directly. If a client contacts HomeBam, a referral fee is due only if you accept that referral.
HomeBam-AgentZip Referrals Pro – This program is designed for Agents/Brokers/Teams that complete more than 12 transactions a year. This is subscription based program with payment installments every month or quarter. Referrals are guaranteed depending on subscription spend. 10% – 20% Referral fees (due at the close of escrow)
HomeBam-AgentZip Referrals – This is an annual based program but doesn’t come with a guarantee of leads. You will get an exclusive zip code and be eligible to receive leads within a 30 mile radius. Finder’s Fees below (due within 7 days of listing on MLS):
Agent Connection – Agent Referral Terms for Free Accounts
If your paid Account on any paid service is cancelled, or the account term expires without renewal. You will downgraded to a Free Account which constitutes the following:
TAC Free Accounts – will pay a 25%-35% referral fee of the gross commission collected on the transaction
Free Accounts will pay 10% back to HomeBam on leads or clients referred to other agents through the HomeBam network that close, The agent to agent commission is determined by the agents or parties involved in that referral.
- As the referring agent, HomeBam Inc agrees to pay you a referral fee of 25% of the gross commission received from referrals submitted by you through the Agent Connection system, unless otherwise specified, and agreed upon by both parties.
- HomeBam Inc will issue you a referral check within 5 business days of the referral fee being received by HomeBam Inc from Escrow or from the participating brokerage.
- You agree to have the resulting Referral Fee paid by check, credit card, paypal or directly from escrow, addressed to: HomeBam Inc, 2535 camino del rio s, Suite 303, San Diego, CA 92108
- If the Referral Fee owed to HomeBam Inc is not received within ten (10) days of the close of escrow by a Referral, you agree that you or your Broker will pay an additional 5% of the gross commission (the “Late Fee”) to HomeBam Inc. Late Fees are charged per month until the Referral Fee is paid. The maximum Referral Fee, including any Late Fees, is 50% of the gross commission. Should HomeBam Inc have your credit card on file, on the 21st day, they can and will automatically charge the appropriate amount in alignment with the amount found on the closing statement or fees based on a 3% commission of the property they closed escrow upon, whichever is less.
- You acknowledge that you have obtained your broker’s or other permission to use HomeBam Inc’s service, if you are required to work or be employed under a broker.
- Your participation in HomeBam Inc’s service is voluntary and can be terminated by either party at any time with written notice. However, any Referrals made prior to such termination are still bound by this agreement.
- Broker shall indemnify and hold HomeBam Inc harmless from all costs, expenses, claims, demands, causes of action, damages and judgments, including without limitation attorney’s fees, which might be imposed upon or brought against HomeBam Inc as a result of a third party claim relating to actions or inactions of the Broker.
- This Agreement shall be governed by and construed in accordance with the laws of the State of California.
- Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement may be brought in any state or federal court located in the County of San Diego, California. Each Party to this Agreement: (1) expressly and irrevocably consents and submits to the jurisdiction of each state and federal court located in the County of San Diego, California in connection with any such legal proceeding; (2) agrees that each state and federal court located in the County of San Diego, California will be deemed to be a convenient forum; (3) agrees not to assert (by way of motion, as a defense or otherwise), in any such legal proceeding commenced in any state or federal court located in the County of San Diego, California, any claim that such Party is not subject personally to the jurisdiction of such court, that such legal proceeding has been brought in an inconvenient forum, that the venue of such proceeding is improper or that this Agreement or the subject matter of this Agreement may not be enforced in or by such court; and (4) agrees to receive service of summons by First Class Registered mail.
- The prevailing party as to any dispute(s) relating to this Agreement shall be entitled to recover from the other Party or Parties to this Agreement all costs, expenses and actual attorneys’ fees relating to the enforcement or interpretation of, or any litigation relating to this Agreement.
- This Agreement contains the entire and final agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, stipulations, understandings, agreements, representations and warranties, if any, with respect to such subject matter, which precede or accompany the execution of this Agreement.
TopAgentConnection.com is an online marketplace that finds and connects the homeowner or buyer to real estate professionals that match their needs and compete for their business. Our services are provided free of charge to individual home sellers and buyers. When they submit a request to find an agent to help them buy or sell your home, we use their preferences, choices, and interests as well as real estate professional qualifications to match them with the right agent who will best serve your needs in any desired location throughout the nation.
TopAgentConnection.com does not broker transactions. We are paid by matching home buyer and sellers with service professionals. The terms of any agreement between our participating lenders and real estate professionals and HomeBam-AgentZip Referrals.com are not endorsed, recommended or otherwise known to or by HomeBam-AgentZip Referrals.com.
Paid Membership Services
HomeBam Agrees to offer Our Referral Service and/or Inside Sales Assistant services for clients as well as an optional Agent Website and support services, all services must be requested by the agent in writing at the time of signing up or elected by a form we can provide upon request. Memberships provide exclusive contacts AKA referrals and are set up by zip code, postal code or in some cases, city or Radius. Pro packages are sold by both zip code and city and the number of a agents in each area is determined by HomeBam marketing department. Basic packages offer no exclusivity and HomeBam does not offer custom managed advertising. We utilize our proprietary marketing and in-house call center to generate contacts. A referral is defined as a client we get a request from online, speak with over the phone and will include one or more of the following; Name, Email, Phone, Property Address.
Responsibilities of our Participating Real Estate Agent Professionals:
In using our services as a registered real estate professionals with HomeBam-AgentZip Referrals.com, you warrant and agree to the following:
– You are a real estate salesperson or broker with a current and valid license, of legal age, and capable of forming a legally binding contract;
– Only experienced real estate professionals can be part of HomeBam-AgentZip Referrals.com’s or TopAgentLead.com’s network unless approved by Management. You must have two (2) or more years experience in your local market area to assist sellers and buyers.
– You have individually either sold two (2) million in real estate sales or completed ten 10 transactions within the last twelve (12) months.
– All information you submit to HomeBam-AgentZip Referrals.com or TopAgentLeads.com is true and complete and that you will maintain and promptly update your Profile or other Information supplied to HomeBam-AgentZip Referrals.com and TopAgentLeads.com or to Users.
– As a HomeBam-AgentZip Referrals.com or TopAgentLeads.com real estate agent, you are not allowed to register or represent yourself as a prospective buyer or seller, even if your intention is to buy or sell property;
– You will not use the lead information and details obtained through HomeBam-AgentZip Referrals.com to locate, identify or directly contact a home seller or home buyer in any manner without first accepting the requested service type received from HomeBam-AgentZip Referrals.com;
– You have complied with all real estate licensing laws and have adequate and appropriate insurance coverage;
– All information you submit to customers about your services is your responsibility and not HomeBam-AgentZip Referrals.com’s or TopAgentLeads.com’s offering of service;
– You will provide customers with all information and notices legally required with all real estate licensing and regulatory requirements applicable to real estate agents;
– Your products and services does not violate any applicable laws or regulations;
– You must promptly maintain and update of any changes in your license status; HomeBam-AgentZip Referrals.com and TopAgentLeads.com reserves the right to terminate the participation of any Real Estate Professional for any reason at HomeBam-AgentZip Referrals.com’s or Top Agent Lead’s sole discretion
-You agree to pay HomeBam-AgentZip Referrals.com or TopAgentLeads.com a percentage per Listing that is under contract or listed under you or pay a percentage at closing. Percentages are also paid per Buyer. You may not refer these leads to other agents. If you refer a lead to an agent on your team you must notify us who the agent is or you will penalized with a 50% additional fee of whatever the gross fee owed to TAC is.
– You recognize that fraudulent usage of any service provided by TopAgentConnection.com real estate services may subject you to liability.
Responsibilities of All Users and Service Providers:
You are solely responsible for all acts or omissions that occur under your account or password, including the accuracy and completeness of all content that you (or anyone using your account) submit, post or transmit through the Services.
You agree not to use the Services to do any of the following:
– violate any local, state, national or international law;
– stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications;
– collect, harvest or store personal data about other users including email addresses or contact Sellers for any purpose other than responding to the content posted by such Sellers;
– impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
– interfere with or disrupt the Services or servers or networks connected to the HomeBam-AgentZip Referrals.com or TopAgentLeads.com Web site or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the HomeBam-AgentZip Referrals.com web site; and
– upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs, for example, worms, Trojan horses, cancelbots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; (e) surveys that have not been approved or cleared by us;or (f) contests or games of chance.
Any claim or controversy arising out of or relating to the use of HomeBam-AgentZip Referrals.com’s or TopAgentLeads.com’s services, to the goods or services provided by HomeBam-AgentZip Referrals.com or TopAgentLeads.com, or to any acts or omissions for which you may contend HomeBam-AgentZip Referrals.com or TopAgentLeads.com is liable, including but not limited to any claim or controversy as to arbitrarily (“Dispute”), shall be finally, and exclusively, settled by arbitration venue in San Diego county, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to HomeBam-AgentZip Referrals.com or TopAgentLeads.com. In any arbitration, HomeBam will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand there for. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Diego county, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
We reserve the right, in our sole discretion, and without liability, to terminate your membership and access to all or part of the Site, with or without notice. We do not offer refunds for any reason after 72 hours. Filing Credit Card dispute or writing false or negative reviews of HomeBam-AgentZip Referrals, TopAgentLeads and TopAgentConnection or any associated brands will result in automatic termination of your account and membership. Neglecting a buyer or seller lead for over 48 hours of being assigned and accepted may result in an automatic termination of your account, please always confirm you have received a lead. Any serious complaint from a seller or buyer may result in termination as well.
To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide HomeBam information regarding your credit card or debit card (collectively, “Payment Instrument”). Acceptable Payment Instruments are credit or debit cards issued by American Express, MasterCard, Discover and Visa. Checks are not an accepted method of payment at this time unless an exception is made at the sole discretion of our management.
You represent and warrant to HomeBam that such information is true and that you are authorized to use the Payment Instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You authorize HomeBam to process payments that are one-time, recurring, subscription based and authorize automatic debits or withdrawals.
You agree not to post or blog or write any content on other websites about HomeBam, Top Agent Leads or HomeBam-AgentZip Referrals or any associated brand or website.
You agree not to contact clients about our services or membership and request or discuss account or membership details without written consent from HomeBam
You agree to pay HomeBam the amount that is specified in the payment plan in accordance with the terms of such plan subscription and this Billing Policy. You hereby authorize HomeBam to bill your Payment Instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let HomeBam know within thirty (3) calendar days after the date that HomeBam.
HomeBam reserves the right to change plan subscription prices. If HomeBam does make a pricing change, HomeBam will provide notice of the change on the Site or in email to you, at HomeBam’s option, at least thirty (30) calendar days before the change is to take effect. The pricing change will take effect on first Billing Date after your initial plan subscription period. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.
All Accounts are set up on a prepaid basis. Payment must be received by HomeBam before any Service is provided and the Account is activated. You are required to keep a valid Payment Instrument on file to charge for recurring monthly plan subscription fees, ad budget or add on services.
All international customers must pay by a Payment Instrument accepted by HomeBam. HomeBam does not accept international checks.
Plan subscription billing is based on availability of products and services, not based on usage. The Set-up Fee is a one-time nonrefundable charge to create your Account.
Accounts Are Guaranteed only if defined in the invoice given to you when you sign up. These accounts must be met by certain qualifications based on the past performance of an agent joining our program.
All recurring plan subscriptions are automatically invoiced and charged to the Payment Instrument on file.
Invoice and payment receipts are available to customers upon request or through our Billing Department. You can reach the Billing Department by calling 619-625-3033 or emailing info@HomeBam-AgentZip Referrals.com or firstname.lastname@example.org
All Payment Instruments are not automatically re-charged on your specific billing cycle date. You can renew at your discretion and HomeBam Inc may choose not to offer a membership renewal. Customer billing periods typically begin on the day of the month in which your Account was activated (“Billing Date”). If the Payment Instrument is declined on the Billing Date, the Account is disabled. HomeBam will attempt to charge the Payment Instrument on file for no more than ten (10) calendar days.
All Accounts more than ten (10) calendar days past due may be assessed a late fee, in HomeBam’s sole discretion. No more than three (3) attempts to contact the customer will be made before any late fee is assessed.
Any Account that is past due will be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.
After an Account is delinquent for thirty (30) calendar days, it will be cancelled due to non-payment. Once cancelled, you will not be able to recover any files until the Account is current. Application data will be stored for 90 days post cancellation. After that, application data will not be available. Further, the Account record and delinquent balance will be submitted to a third-party collection service.
HomeBam may, at its sole discretion, charge a $15.00 late fee for Accounts that are thirty (30) days or more past due.
If a customer initiates a charge back, HomeBam may, in its sole discretion, charge a 20% fine of the disputed amount or $100.00 processing fee for each individual charge back.
In the event an Account is submitted to a third-party collections service, a $15.00 processing fee may be assessed to the existing Account balance. This fee is in addition to any other fees previously assessed on the Account.
Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
Plan Subscription Billing
Payments are collected at the beginning of each billing period on the Billing Date. Customers may cancel their plan subscriptions at any time after the plan subscription period has expired. In the event of cancellation, you will still have access to your applications through the end of your current billing period. HomeBam will not prorate any portion of unused plan subscription services. All plan subscription fees are nonrefundable.
You may not cancel the Services during the initial paid for plan subscription period. Cancellations made at the end of the plan subscription period or thereafter, must be submitted in writing to info@HomeBam-AgentZip Referrals.com or email@example.com and confirmed in writing by an HomeBam representative. Email cancellation requests, alone, do not constitute acceptance of any cancellation. The cancellation is not complete until you receive a writing from the HomeBam representative confirming cancellation. Customers are encouraged to keep records of all cancellation communication. Cancellations will take effect on the last day of the billing period in which the cancellation request was received.
Closing an Account with HomeBam cannot be done by simply canceling the Payment Instrument. HomeBam will continue to treat this as an open Account and the billing cycle will continue, resulting in a past due Account that may be turned over to a third-party collection service. It is imperative that Account cancellation is done through an HomeBam representative to ensure Account closure.
Cancellation of an Account does not dismiss outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All cancelled Accounts with an outstanding balance may be automatically turned over to a third-party collection service.
Additional Info on Billing Disputes
You agree to provide HomeBam thirty (30) if days to attempt settlement of any billing dispute before disputing with any third-party Payment Instrument company or bank. HomeBam must be the first option in billing disputes. Should HomeBam receive a charge back from a third-party Payment Instrument company or bank on the customer’s behalf before HomeBam has been given a chance to resolve the issue, HomeBam has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the charge back, HomeBam retains the right to collect on any rendered services or fees that are due. HomeBam will submit any disputed amounts to a collection agency. Once a charge back has been received, HomeBam will immediately suspend the Account until the matter is resolved.
There is a 48 Hour Cancellation period, after this time period there are no refunds. This applies to and is not limited to Memberships, Advertising, Content, Downloads, Access to Material and any other product or service offered on this website.
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HomeBam-AgentZip Referrals.com as a result of this agreement or use of this Website.
HomeBam’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TopAgentConnection.com’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by HomeBam with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and TopAgentConnection.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HomeBam-AgentZip Referrals.com or TopAgentLeads.com with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
HomeBam goes to work for you right away. Featured Memberships subscriptions give Featured User profiles maximum visibility by listing them on the Top Agent Map in their area, as well as listing them above Basic Member search results. We allow refunds within 48 hrs on Featured Member placements. For Featured members with yearly or semi-annually membership subscriptions, you must send us an email to firstname.lastname@example.org with your request no later than 10 days after your subscription was re-initiated automatically, if you wish to receive a refund.
ADDITIONALLY, BY USING THE SERVICE, YOU UNDERSTAND AND AGREE THAT HomeBam Inc ALSO ENGAGES IN THE BUSINESS OF REAL ESTATE BROKERAGE OR MANAGEMENT AND IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR BROKER OR PROPERTY MANAGER. BY USING THE SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. HomeBam Inc IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE WITH SAID AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND HomeBam Inc IS NOT RESPONSIBLE FOR THEIR ACTIONS, AS FURTHER DESCRIBED IN SECTION 10 BELOW.
- Permitted Uses and Restrictions on Use
- Registration and Content
- In consideration of your use of the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form(s) (“Registration Data”) and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- If you provide any information that HomeBam Inc has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, HomeBam Inc may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service and submitting data, files, software, text (including but not limited to names of files, databases and directories), software, music, sound, photographs, video or any other material (collectively, the “Content”) to HomeBam Inc or a third party in connection with this Service, you represent and warrant that:
- you are the owner of such Content, and
- the use of Content by HomeBam Inc will not infringe or misappropriate the intellectual property rights or otherwise violate the rights of any third party.
- Access, Password, HomeBam Inc and Security
- You may designate up to the number of users under your account which correspond to the level of Service you are receiving from HomeBam Inc, and you may provide and assign access and password to such users. You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). you will be responsible for all electronic communications, including account registration and other account holder information, course information and other data including any Content (“Electronic Communications”) entered through or under your access number(s), password(s) or account number(s). HomeBam Inc will assume that any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) will have been sent by you. You agree to immediately notify HomeBam Inc if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s).
- Member Conduct
- By submitting any Content to HomeBam Inc, you warrant that:
- you are the owner of such Content, and
- the use of such Content by HomeBam Inc will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party. You agree to not use the Service to:
- interfere with or disrupt the Service or servers or networks connected to the Service;
- violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange; and
- incite or provide instructional information about illegal activities.
- General Practices Regarding Use, Storage and Service Access
- You acknowledge that HomeBam Inc may establish from time to time general practices and limits concerning use of the Service, including without limitation, establishing the maximum amount of storage space you have on the Service at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HomeBam Inc has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted to or from the Service. As a condition of use for this Service, you agree that, in the event of an error with your Service, a Service technician shall be permitted to access your information as necessary to resolve the problem. You acknowledge that HomeBam Inc reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- 6.1 Modifications to the Service. HomeBam Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that HomeBam Inc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or loss of access to the Content. HomeBam Inc may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browser versions).
- You agree to pay the then-current fees associated with the Service you choose. When you subscribe and provide payment information your credit card or bank account will be debited. HomeBam Inc reserves the right to modify its fees with or without notice.
- Termination and Indemnity
- You acknowledge and agree that HomeBam Inc may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that HomeBam Inc believes, in its sole discretion:
- violates the rights of HomeBam Inc or third parties,
- or is otherwise inappropriate for continued access and use of the Service.
- In addition, HomeBam Inc reserves the right to terminate inactive membership accounts. You agree that upon termination of the Service, either by you or HomeBam Inc, HomeBam Inc may delete all Content and information related to your account and may bar your access to your account and the Service including, but not limited to, access to any of your Content entered into or used in connection with the Service. Further, you agree that HomeBam Inc shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify and hold HomeBam Inc harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees and expenses) arising from:
- The Service may provide links or references to other Internet sites or resources. You acknowledge and agree that HomeBam Inc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HomeBam Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- HomeBam Inc and Third Party Proprietary Rights
- You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- No Resale, Etc. of the Service
- You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, give, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HomeBam Inc for use in accessing the Service. You may not use, copy, modify or transfer the Service, in whole or in part, except as expressly provided in these Terms and Conditions. You agree to not make any attempt to decompile, disassemble or reverse engineer the Service or otherwise discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Service.
- Disclaimer of Representations and Warranties
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HomeBam Inc AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- HomeBam Inc AND ITS SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE
- WILL MEET YOUR PERSONAL OR PROFESSIONAL REQUIREMENTS OR RESULT IN REVENUES OR PROFITS,
- WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, AND
- WILL MEET YOUR QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
- HomeBam Inc EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT ANY LAWS OR REGULATIONS DESCRIBED IN THE SERVICE HAVE BEEN DESCRIBED ACCURATELY OR COMPLETELY AND THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
- ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL.
- Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT HomeBam Inc AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF HomeBam Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE, CONTENT AND/OR ANY INFORMATION;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE;
- YOU ALSO AGREE THAT HomeBam Inc WILL NOT BE LIABLE FOR ANY
- INTERRUPTION OF BUSINESS,
- ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE;
- CONTENT NON-DELIVERY, MIS-DELIVERY, ERRORS, OMISSIONS, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR
- EVENTS BEYOND HomeBam Inc’S REASONABLE CONTROL; AND
- IN NO EVENT SHALL HomeBam Inc’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO HomeBam Inc FOR THE SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, HomeBam Inc’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT HomeBam Inc AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF HomeBam Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- General Information
- Non-Discrimination Policy
- HomeBam Inc does not discriminate on the basis of race, color, sex, religion, national origin, handicap, familial status or any other legally protected class in the establishment of fees, entrance qualifications or standard for the use of the Service.
Acceptable Use Policy for directory and profiles
- Responsibility for Content
- You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you and other third parties, and not HomeBam Inc, are entirely responsible for all Content that you upload or otherwise view or transmit via the Service. HomeBam Inc does not control the Content uploaded or otherwise transmitted by you or other third parties via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
- Other Conduct
- You agree to not use the Services to:
- upload or otherwise transmit any Content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm or exploit minors in any way;
- impersonate any person or entity, including, but not limited to, any HomeBam Inc representative, or misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload or otherwise transmit any Content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
- upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas of the Services that may be expressly designated for such purpose;
- upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services;
- violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange, and laws regarding the export of technical data;
- incite or provide instructional information about illegal activities; or
- conduct raffles, contests, lotteries or sweepstakes, except in those areas of the Services that may be expressly designated for such purpose.
Collection of your Personal Information
HomeBam Inc will ask you when information is needed that personally identifies you or allows HomeBam Inc to contact you to provide the Service or carry out a transaction that you have requested such as receiving information about HomeBam Inc services, joining a limited- access HomeBam Inc site or service, or signing up for an event. The personal information HomeBam Inc collects may include, but not be limited to, your name, title, company or organization name, work or personal e-mail, work or personal phone, work or home address, information about your job function, information about your company, and credit or debit card information (collectively, “Personal Information”).
HomeBam Inc may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access HomeBam Inc; the pages that you access while on HomeBam Inc and the Internet address of the Web site from which you linked directly to HomeBam Inc. The foregoing is also considered Personal Information. The Personal Information is used to help improve HomeBam Inc, and analyze trends, administer HomeBam Inc and for any other lawful purpose. HomeBam Inc may collect information about your hardware and software in order to provide a requested service.
Use of your Personal Information and Content
HomeBam Inc may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to
- conform to the requirements of the law or comply with legal process served on HomeBam Inc;
- protect and defend the rights or property of HomeBam Inc and HomeBam Inc’s family of Web sites; or
- act in urgent circumstances to protect the personal safety of HomeBam Inc employees or agents, users of HomeBam Inc products or services, or members of the public.
Security of your Personal Information
HomeBam Inc is committed to protecting the security of your Personal Information. HomeBam Inc uses a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. For example, HomeBam Inc stores the Personal Information you provide on computer servers with limited access that are located in controlled facilities. Additionally, when HomeBam Inc transmits sensitive Personal Information (such as a credit card number) over the Internet, HomeBam Inc protects it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of HomeBam Inc or other Web sites you visit.
Changes to this Policy
Confirm Contract and Start Service
I have read and agree to the terms of service and ALL AGENTS MUST SUBMIT FORM BELOW AND CONFIRM TERMS AND SUBMIT SIGNATURE IN ORDER TO START THE HomeBam-AgentZip Referrals Program