Realtor and Service Provider Terms

 

The following are terms of a legal agreement between you and Hurst Real Estate, Inc. dba MoneySafe (“MoneySafe”). By accessing, browsing and/or using this site (“Site”) or the services provided by MoneySafe, you acknowledge that you have read, understood, and agree, to be bound by these terms. If you do not agree to these terms, do not use this Site and do not avail yourself of the services provided by MoneySafe.

Real Estate Agent Pre-Screening

MoneySafe pre-screens all Real Estate Agents that want to join our program. In order to qualify to have your profile posted on our site, you must:

  • Provide MoneySafe a copy of your E&O Insurance Policy,
  • Provide MoneySafe with your production report from your MLS system showing your total sales/listings for the previous 12 months,
  • Authorize MoneySafe to conduct a criminal background and credit check on you prior to posting your profile on our web site, and
  • Authorize MoneySafe to verify that all of the information contained in your application is correct and that all representations made in our Service Provider Terms are truthful and accurate.

Service Provider Pre-Screening

MoneySafe pre-screens all Service Providers that want to list their services on our site. In order to qualify to have your profile posted on our site, you must:

  • Authorize MoneySafe to conduct a criminal background and credit check on you prior to posting your profile on our web site, and
  • Authorize MoneySafe to verify that all of the information contained in your application is correct and that all representations made in our Service Provider Terms are truthful and accurate.

Information Posted on our Site

All of the information that you provide to MoneySafe or that you post on our web site(s), including but not limited to your profiles, screening information, customer feedback/reviews, is the sole and exclusive property of MoneySafe. MoneySafe reserves the right, in its sole discretion, to review, reject, edit, and remove any content that you provide to MoneySafe or that you upload to our web site.

You authorize us to use your name and your company’s name, as applicable, and any of the trademarks, service marks, trade names and logos (“Logos”), in the form or format that you supply to us, for use and posting on our Web site and for use in marketing materials. You represent that any such display or use of the Logos shall not violate any third party’s intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such Logos, it shall be your responsibility to provide any such limitations or restrictions to us in writing (at the time that you provide the Logos).

Representations and Warranties

You represent and warrant that you and your company (as well as any predecessor entities of your company):

  • Are qualified and experienced to perform the services that you advertise on MoneySafe web site.
  • Will comply with MoneySafe Realtor & Service Provider Terms, our Site Use Terms and any other policies or membership requirements as may be amended from time to time and that are posted on MoneySafe.
  • Are free from any felony criminal convictions,
  • Have not had any bankruptcies or other legal judgments within the last 2 years.
  • Will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and MoneySafe customers (note that we are not liable to you or any customer if such matters cannot be resolved).
  • Will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with MoneySafe or our customers.
  • Will comply with all applicable laws and regulations.
  • Will charge MoneySafe customers the same fees as your other customers (i.e. you will not charge an MoneySafe customer extra charges to cover the referral or other fees that you are paying to MoneySafe).
  • Will promptly notify MoneySafe if any of these events occur during the term of our business relationship.

Customer Ratings

You understand and agree that MoneySafe’ clients may rate the quality of your services and information that they post will be prominently posted on our site on a permanent basis. You will not hold MoneySafe responsible for other users’ actions or inactions, including messages that they post on our site.

Referrals

You agree not to sell, trade, gift, assign, or otherwise transfer any Referral provided by MoneySafe to any other party. MoneySafe does not make any representations or warranties regarding customers that we refer to you including, but not limited to, a customer’s level of interest, their ability to pay, the accuracy of the information they provide, that any customer will hire you to perform services, or that you will be able to successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. MoneySafe is free to contract with other Service Professionals as this is not an exclusive contract.

Content 

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Errors and Delays

We cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. All personal data provided to MoneySafe will be handled in accordance with MoneySafe privacy practices. Any other material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by MoneySafe or its affiliates for any purpose whatsoever.

Copyright

You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any feedback or reviews about you or any other service providers that are contained on our web site(s). You also acknowledge that all content on our web site and other written materials is copyrighted and that you are strictly prohibited from using, copying, reproducing, distributing, republishing, downloading, displaying, posting, or transmitting in any form or by any means without the prior written consent of MoneySafe.

You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to MoneySafe for any such damages, and will indemnify MoneySafe in the event of any third party claims against MoneySafe based on or arising from your violation of the foregoing. You acknowledge and agree that MoneySafe has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our web site. MoneySafe is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our web site.

All contents of this Web site are: Copyright © 2006 Hurst Real Estate, Inc. dba MoneySafe and/or its suppliers or real estate professionals. All rights reserved. MoneySafe and MoneySafe are service marks of Hurst Real Estate, Inc. Other product and company names mentioned herein, including the names of real estate professionals, may be the trademarks of their respective owners.

None of the material on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MoneySafe or the copyright owner.

Indemnity

You accept responsibility for, and agree to indemnify and hold MoneySafe, our agents, officers, directors, shareholders, partners, and employees (“Indemnified Parties”) harmless from, any and all liability, damages, claims or proceedings (including reasonable attorneys fees) arising out of (i) claims related to your services or dealings with our customers, (ii) claims related to content that you provide to us or post on our site (including any failure to obtain the appropriate license, intellectual property rights, or any other permissions needed to post this material), (iii) any misrepresentations or breach of the warranties contained in this agreement, and (iv) violation of any laws or regulations, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF MONEYSAFE OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT BY MONEYSAFE OR THE INDEMNIFIED PARTIES.

Limitation of Liability

MONEYSAFE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, AND ALL OTHER SIMILAR DAMAGES, EVEN IF MONEYSAFE OR A MONEYSAFE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE LAST 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Warranty Limitation

MONEYSAFE AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY MATTER RELATING TO OUR SERVICES, THE PERFORMANCE OF OUR WEBSITE, OR THE RESULTS TO BE OBTAINED FROM THE SERVICES OR FROM OUR REFERRALS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR MoneySafe’S SERVICES IS AT YOUR OWN RISK.

Dispute Resolution

Any dispute arising from or related to this agreement, to the goods or services provided by MoneySafe, to any acts or omissions for which you may contend MoneySafe is liable, or for any other claim related to MoneySafe shall be settled by binding Arbitration in accordance with the then current rules of the American Arbitration Association (“AAA”) in effect on the date of this agreement by a sole arbitrator that is acceptable to MoneySafe.

The arbitration hearing shall take place in Williamson County, Texas and the hearing shall take place within four (4) months from the date of demand for arbitration. In any arbitration, the party bringing the claim shall pay the filing fee and the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor. The arbitration shall be governed by the substantive laws of Texas, without regard to conflicts of law rules. The arbitration hearings shall be continuous subject to weekends, holidays, or other days to be mutually agreed and the total days of hearing shall not exceed one (1) hearing day per party.

Any judgment upon the award rendered by the arbitrators will be entered in any court of competent jurisdiction in Williamson County, Texas. 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 incidential, consequential, special, punitive or other forms of exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or 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.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MoneySafe, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Williamson County, Texas. If either party employs attorneys to enforce any right in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

GENERAL TERMS

This Agreement constitutes the entire agreement between you and MoneySafe and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and MoneySafe. MoneySafe may at any time revise these terms by updating this posting. By using this Site or use our services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. MoneySafe, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in MoneySafe network immediately at any time for any or no reason. In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us (including any prepayments). The parties are independent contractors. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You may not institute any action in any form arising out of this Agreement more than one (1) year after the cause of action has arisen. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 the Agreement shall continue in effect. 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.