Terms of Use
| Legal Entity | HashtagMyHome, Inc. |
|---|---|
| Entity Type | Delaware corporation |
| Address | 8 The Green, STE A, Dover, DE, USA 19901 |
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER, SUBJECT TO APPLICABLE LAW. THEY AFFECT YOUR LEGAL RIGHTS.
1. Introduction
1.1 Agreement to These Terms
These Terms of Use (the "Terms") are a legally binding agreement between you and HashtagMyHome, Inc., a Delaware corporation (the "Company," "we," "us," or "our"). These Terms govern your access to and use of ForSalePosting.com, any related mobile applications, and all websites including HomeForSalePosting.com, software, communications, tools, reports, content, and services that we provide (collectively, the "Services").
1.2 Acceptance
By creating an Account, clicking an acceptance button or checkbox, submitting information, purchasing a service, submitting or reviewing a Proposal, or otherwise accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them and by our Privacy Policy and any additional terms that expressly apply to a particular feature or service. Your electronic acceptance constitutes your electronic signature and has the same force and effect as a handwritten signature to the fullest extent permitted by applicable law.
1.3 If You Do Not Agree
If you do not agree to these Terms, you must not access or use the Services. If you use the Services on behalf of a company, brokerage, team, or other organization, you represent that you have authority to bind that organization, and "you" includes both you and that organization.
1.4 Mandatory Rights
Nothing in these Terms limits any non-waivable right or remedy available to you under applicable consumer-protection, privacy, real estate, or other law.
2. Definitions
2.1 Account
"Account" means a registered user profile used to access some or all of the Services.
2.2 Administration Fee
"Administration Fee" means a per-use charge established by the Company for an eligible Bid, report view, or other service transaction, as displayed before purchase.
2.3 Agent or Listing Agent
"Agent" or "Listing Agent" means a real estate professional who registers for the Services and represents that the professional holds all licenses, registrations, affiliations, and authority required to perform the proposed services in the applicable jurisdiction.
2.4 Bid and Proposal
"Bid" means an Agent's act of submitting a Proposal through the Platform. "Proposal" means the information, terms, marketing plans, qualifications, attachments, and other materials submitted by an Agent for a Home For Sale Posting. A Proposal is not a purchase offer for real property and does not itself create a listing agreement.
2.5 BPA Report
"BPA Report" means a Bid Proposal Analysis or other post-bid report that the Company may make available in connection with a Home For Sale Posting. The Company may describe a BPA Report to users as a "Post-Bid Report."
2.6 Home For Sale Posting
"Home For Sale Posting" means a posting and supported workflow through which a Seller provides property and service-preference information, invites qualified Agents to submit sealed Proposals for the opportunity to be considered as the Seller's listing agent, reviews candidates, may conduct interviews, and may select an Agent.
2.7 Marketplace and Platform
"Marketplace" or "Platform" means the technology environment through which the Company provides the Services and facilitates communications and workflow between Sellers and Agents.
2.8 Membership
"Membership" means a Free, Silver, Gold, or other service plan offered by the Company, including any usage quota and benefits shown at enrollment or renewal.
2.9 Seller
"Seller" means a person who uses the Services to create or participate in a Home For Sale Posting and who represents that the person owns, or is duly authorized to act concerning, the relevant property.
2.10 User and User Content
"User" means any person or entity accessing the Services. "User Content" means information, text, photographs, documents, messages, Proposals, and other materials submitted, uploaded, transmitted, or made available by a User through the Services.
3. Services
3.1 Home For Sale Posting Service
The Company provides an online workflow intended to help Sellers identify and evaluate potential listing agents. A Seller may publish a Home For Sale Posting describing the property and the Seller's preferences. Eligible Agents may submit sealed Proposals. The Seller may review the Proposals, identify interview candidates, conduct interviews, and decide whether to select an Agent.
3.2 Supporting Features
The Services may include onboarding, property-profile tools, proposal delivery, interview scheduling, notifications, dashboards, membership management, payment processing, communications, administrative support, analytics, and BPA Reports. The availability and specifications of any feature may change.
3.3 No Required Outcome
A Seller is not required to interview or select any Agent, accept any Proposal, enter into a listing agreement, or sell a property. An Agent is not guaranteed access to a particular Home For Sale Posting, an interview, selection, a listing agreement, a commission, or any other business result.
3.4 Geographic Availability
The Services are intended primarily for Users in the United States and Canada. Features may not be available in every jurisdiction, and each User is responsible for determining whether use of the Services is lawful and professionally permissible where the User operates.
3.5 Changes to Services
We may add, modify, suspend, or discontinue any feature or portion of the Services, subject to applicable law and any express commitments applicable to paid Services.
4. Company's Role & Responsibilities
4.1 Technology Platform
The Company operates a technology platform and online marketplace. Unless we expressly state otherwise in a separate written agreement, the Company is not acting as a real estate broker, real estate brokerage, multiple listing service, fiduciary, escrow agent, title company, mortgage lender, appraiser, inspector, law firm, tax adviser, or financial adviser.
4.2 Not a Party to User Agreements
The Company is not a party to any listing agreement, representation agreement, purchase and sale agreement, brokerage agreement, commission agreement, or other contract entered into between a Seller and an Agent or any other third party. No User has authority to bind the Company.
4.3 Facilitation Only
The Company may advertise or market a Home For Sale Posting, distribute it to potentially relevant Agents, deliver Proposals, support scheduling and communications, and provide administrative tools. These activities do not make the Company the Seller's or Agent's representative, fiduciary, employer, partner, joint venturer, or broker.
4.4 No Endorsement or Verification Guarantee
We may perform administrative reviews or request information, but we do not guarantee that we have verified the identity, authority, licensing, background, qualifications, statements, User Content, property information, or legal compliance of any User. A badge, status, membership level, or Platform access does not constitute an endorsement.
4.5 Reasonable Operational Support
We will use commercially reasonable efforts to operate the Services and facilitate delivery of
Platform communications. We do not guarantee uninterrupted availability, delivery by a particular time, or successful receipt when factors outside our reasonable control interfere.
5. Seller's Role & Responsibilities
5.1 Authority and Property Information
A Seller represents and warrants that the Seller owns the property or is legally authorized to create the Home For Sale Posting and evaluate listing-agent services for it. The Seller must provide information that is accurate, complete, current, lawful, and not misleading to the best of the Seller's knowledge, including material information about the property and the Seller's requirements.
5.2 Seller-Controlled Decisions
The Seller alone is responsible for reviewing Proposals, conducting due diligence, choosing interview candidates, setting or confirming interviews, evaluating Agents, selecting or declining to select an Agent, negotiating terms, and deciding whether to enter into a listing agreement.
5.3 Compliance
The Seller must comply with applicable laws and must not use the Services to discriminate unlawfully, evade fair-housing requirements, solicit unlawful conduct, misrepresent a property, or interfere with an existing contractual or agency relationship.
5.4 Notice of Outcome
After selecting a listing agent or otherwise concluding the selection process, the Seller must promptly notify the Company through the method provided. Until we receive notice, we may continue contacting the Seller regarding the status of the Home For Sale Posting.
5.5 Proposal Confidentiality
A Seller may use a Proposal only to evaluate and select a listing agent for the relevant Home For Sale Posting. Except as required by law or reasonably necessary to obtain professional advice, the Seller must not disclose a Proposal to competing Agents or other third parties; publish, sell, license, or commercially exploit it; use it to develop unrelated marketing materials; or use confidential Agent information for any unrelated purpose.
5.6 No Circumvention or Misuse
A Seller must not use false identities, duplicate postings, fabricated property information, or other means to obtain Agent information, marketing strategies, or proprietary materials without a genuine intent to evaluate listing-agent services.
6. Listing Agent's Role & Responsibilities
6.1 Licensing and Authority
An Agent represents and warrants that the Agent holds and will maintain every license, registration, brokerage affiliation, authorization, insurance, and professional standing required by applicable law and brokerage policy for each jurisdiction and service described in a Proposal.
6.2 Accurate Proposals
An Agent must ensure that each Proposal and profile is truthful, accurate, complete, current, and not
misleading. The Agent must not make unsupported claims concerning pricing, valuation, expected sale proceeds, timing, marketing performance, commission, legal compliance, or any guaranteed outcome.
6.3 Professional and Legal Compliance
The Agent is solely responsible for compliance with real estate licensing rules, advertising rules, brokerage supervision, agency disclosures, fair-housing requirements, anti-spam and communications laws, referral-fee restrictions, and all other professional duties.
6.4 Independent Business
Agents participate as independent professionals. Nothing in these Terms creates employment, agency, partnership, franchise, fiduciary, or joint-venture relationships between an Agent and the Company.
6.5 No Guaranteed Opportunity
Payment of an Administration Fee, use of a Membership quota, submission of a Proposal, or participation in an interview does not guarantee selection, compensation, a listing agreement, reimbursement, or any commercial result.
6.6 Responsibility for Loss
To the extent permitted by law, an Agent is responsible for losses, claims, or regulatory consequences arising from the Agent's false statements, licensing deficiencies, professional conduct, violation of law, or breach of a listing or other agreement.
7. Fees & Membership
7.1 Seller Access
Unless otherwise disclosed before use, Sellers may create and participate in a Home For Sale Posting without paying a Platform fee. Third-party services and professional services remain the Seller's responsibility.
7.2 Agent Fees
Only eligible registered Users may submit Bids or purchase restricted Agent services. Agents may be required to pay an Administration Fee for each eligible Bid, BPA Report view, or other transaction. The amount and applicable taxes will be displayed before purchase.
We may offer Free, Silver, Gold, or other Membership plans. Paid Memberships may include a combined service quota that can be used for eligible Bids and eligible BPA Report views or other stated services. The plan description presented at purchase controls.
A quota is a limited license to use specified Services during the applicable Membership period. Quotas have no cash value, may not be transferred or sold, and may expire at the end of the applicable period unless the plan description expressly states otherwise. Once a quota is exhausted, the User must pay the applicable Administration Fee for further eligible use.
By providing a payment method, you authorize the Company and its payment processor to charge all disclosed fees, taxes, and other amounts associated with your purchase. You must provide accurate billing information and keep it current.
Any automatic-renewal terms, renewal price, cancellation method, and notice requirements will be displayed at enrollment and are incorporated into these Terms. Where required by law, we will obtain separate consent and provide required notices. Cancellation generally stops future renewal and does not retroactively reverse benefits already provided.
Except where required by law or expressly stated at purchase, fees are non-refundable after a User has viewed the full information for a Home For Sale Posting, a BPA Report is accessed, a Membership quota benefit is consumed, or another purchased Service has been fully delivered. Viewing the full information for a Home For Sale Posting constitutes full delivery of the applicable digital service. We may issue credits or refunds in our discretion without creating an obligation to do so in other cases.
You are responsible for applicable taxes, except taxes based on the Company's net income. Payment processing may be provided by third parties whose terms and privacy practices also apply.
7.3 Membership Plans and Included Services
ForSalePosting offers a Free membership and optional paid annual Silver and Gold memberships for eligible real estate agents. The standard annual membership fee is US$200 for Silver and US$300 for Gold. A full membership year provides eight (8) combined service uses for Silver or twelve (12) combined service uses for Gold. A service use means an eligible Bid submission or access to a Bid Proposal Analysis (BPA) Report. Each such use counts as one (1) use against the available service usage quota. Services not covered by an available quota may be subject to the applicable per-use charge, currently US$30 per Bid or BPA Report view, as displayed at checkout.
7.4 Membership Year and Manual Renewal
The membership year follows the calendar year and ends on December 31. January 1 is the annual renewal date. Paid memberships do not renew automatically. A member must affirmatively complete a renewal payment to renew a paid membership for the new calendar year. No annual renewal fee will be charged automatically under this manual-renewal arrangement.
7.5 Prorated Fees for Midyear Enrollment
An agent who enrolls in Silver or Gold after January 1 pays a prorated annual fee based on the number of calendar days remaining in that year, including the effective enrollment date. The fee is calculated by multiplying the applicable standard annual fee by the remaining calendar days divided by the total calendar days in that year (365 or 366). The resulting amount is rounded UP to the next whole U.S. dollar. Dates are determined using U.S. Eastern Time.
7.6 Prorated Service Usage Quota for Midyear Enrollment
An agent enrolling in a paid membership after January 1 receives a prorated service usage quota. The quota is calculated by multiplying the plan’s full-year quota (eight (8) for Silver or twelve (12) for Gold) by the remaining calendar days, including the enrollment date, divided by the total calendar days in that year. Any fractional service use is rounded UP to the next whole service use. The resulting quota is credited after successful payment confirmation.
7.7 Unused Quota and Carryover
Unused service usage quota carries forward to the next calendar year and is not forfeited solely because the membership year ends or a member does not renew. Upon successful renewal of a paid membership, the newly earned annual quota is added to the member’s unused carried-forward quota. Previously used service uses are not restored or counted again.
7.8 Failure to Renew; Free Membership and Remaining Quota
If a paid member does not complete renewal for the new calendar year, the member’s membership status changes to Free. The member may continue to use any previously earned, unused service usage quota until that quota is exhausted, subject to the other eligibility and access requirements of the service. No new annual quota is credited without a successful paid renewal. Once the available quota is exhausted, the Free membership per-use fee applies to further eligible Bid submissions or BPA Report views. A subsequent paid enrollment during the year is subject to the applicable midyear proration rules.
7.9 Silver-to-Gold Upgrade
A member with an active Silver membership may upgrade to Gold during the same calendar year. The upgrade charge equals the difference between the standard Gold and Silver annual fees (currently US$100), multiplied by the number of calendar days remaining in the year, including the effective upgrade date, and divided by the total calendar days in that year. The resulting upgrade charge is rounded UP to the next whole U.S. dollar. The additional service usage quota equals the difference between the full-year Gold and Silver quotas (currently four (4) uses), prorated over the same remaining period and rounded UP to the next whole service use. The additional quota is added to the member’s existing unused quota. Service uses already consumed are not reset or refunded by the upgrade. The upgrade takes effect after successful payment confirmation.
Year-End Upgrade Restriction. Silver-to-Gold membership upgrades are not available from December 24 through December 31, inclusive, of each calendar year, as determined using U.S. Eastern Time. Eligible members may request an upgrade before this period, subject to the applicable upgrade terms.
7.10 Payment Confirmation and Records
Membership enrollment, renewal, upgrade, and related quota credits are applied only after successful payment confirmation. ForSalePosting may maintain records of membership type, effective dates, renewal method, payments, quota credits, usage, and remaining balances for account administration, billing, and dispute resolution. Displayed checkout amounts will reflect the applicable calculation at the time of payment.
Year-End Upgrade Restriction. Silver-to-Gold membership upgrades are not available from December 24 through December 31, inclusive, of each calendar year, as determined using U.S. Eastern Time. Eligible members may request an upgrade before this period, subject to the applicable upgrade terms.
7.11 Future Changes to Renewal Methods
ForSalePosting may offer an optional automatic-renewal feature in the future. The present manual-renewal arrangement does not authorize automatic annual charges. Any future automatic-renewal arrangement will require a separate, affirmative enrollment or authorization and applicable disclosures before recurring charges begin.
7.12 Payment Authorization
By providing a payment method, you authorize the Company and its payment processor to charge all disclosed fees, taxes, and other amounts associated with your purchase. You must provide accurate billing information and keep it current.
7.13 Refunds
Except where required by law or expressly stated at purchase, fees are non-refundable after a User has viewed the full information for a Home For Sale Posting, a BPA Report is accessed, a Membership quota benefit is consumed, or another purchased Service has been fully delivered. Viewing the full information for a Home For Sale Posting constitutes full delivery of the applicable digital service. We may issue credits or refunds in our discretion without creating an obligation to do so in other cases.
7.14 Taxes and Processor Terms
You are responsible for applicable taxes, except taxes based on the Company's net income. Payment processing may be provided by third parties whose terms and privacy practices also apply.
Illustrative Calculation (Non-Contractual)
For a Silver enrollment on October 16, 2026, with 77 calendar days remaining in a 365-day year: annual fee = ceiling to whole U.S. dollars of US$200 × 77/365 = US$43; included quota = ceiling to whole uses of 8 × 77/365 = 2 uses. For a Silver-to-Gold upgrade on that date: upgrade fee = ceiling to whole U.S. dollars of US$100 × 77/365 = US$22; additional quota = ceiling to whole uses of 4 × 77/365 = 1 use.
8. User Accounts
8.1 Eligibility
You must be at least eighteen years old and have legal capacity to enter into these Terms. An Agent must also satisfy all professional eligibility requirements applicable to the Agent's activities.
8.2 Registration Information
You must provide accurate and complete registration information and promptly update it. We may require identity, license, brokerage, ownership, or authority verification.
8.3 Account Security
You are responsible for maintaining the confidentiality of login credentials and for activity occurring through your Account, except to the extent caused by our failure to use legally required safeguards. You must promptly notify us of suspected unauthorized access.
8.4 One User; Authorized Access
You may not share an individual Account, permit unauthorized persons to use it, sell or transfer it, or create Accounts through false identities. Brokerage or organizational access must use functionality or permissions approved by the Company.
8.5 Communications
You are responsible for maintaining working contact information and reviewing Account notices. Filters, service-provider failures, or outdated contact information may prevent delivery.
9. Acceptable Use
9.1 General Standard
You may use the Services only for lawful purposes and in accordance with these Terms, applicable laws, professional rules, and reasonable Platform instructions.
9.2 Prohibited Conduct
You must not: submit false, deceptive, infringing, defamatory, discriminatory, threatening, or unlawful content; impersonate another person; scrape, harvest, crawl, or extract data except as expressly permitted; bypass access, payment, quota, or security controls; introduce malware; disrupt the Services; reverse engineer protected portions of the Services except where law prohibits restriction; send spam or unauthorized marketing; manipulate reviews, metrics, or bidding; collude or coordinate bids unlawfully; misuse personal or confidential information; or assist another person in doing any prohibited act.
9.3 Real Estate and Fair Housing
Users must not use the Services to express or implement an unlawful preference, limitation, or discrimination based on any protected characteristic. Users remain responsible for all legally required disclosures and professional standards.
9.4 Monitoring and Enforcement
We may investigate suspected violations, preserve relevant information, remove or restrict content, limit features, and cooperate with courts, regulators, law enforcement, payment processors, and professional bodies when legally permitted or required.
10. Intellectual Property
10.1 Company Property
The Services, Platform software, design, databases, workflows, trademarks, logos, documentation, compilations, and Company-created content are owned by or licensed to the Company and are protected by intellectual-property laws. Except for the limited right to use the Services under these Terms, no rights are transferred to you.
10.2 Limited License
Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose.
10.3 User Content Ownership
As between you and the Company, you retain ownership of your User Content, including original Proposal materials, subject to third-party rights and the license granted below.
10.4 License to Operate the Services
You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, transmit, display, and otherwise use your User Content only as reasonably necessary to operate, secure, improve, administer, and provide the Services; comply with law; enforce these Terms; and, for Home For Sale Posting content designated for distribution, market and distribute that
content as contemplated by the Service.
10.5 Proposal Materials
An Agent retains rights in the Agent's original Proposal content. The Agent grants the Company permission to deliver and display the Proposal to the relevant Seller and authorized administrators. The Seller receives only the limited evaluation right described in Section 5.5.
10.6 Feedback
If you voluntarily provide suggestions or feedback, you grant the Company a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you without permission.
10.7 Infringement Notices
We may remove content alleged to infringe intellectual-property rights and may terminate repeat infringers. Copyright notices should include sufficient information for us to identify the work, the challenged material, the claimant, and the basis of the claim.
11. Privacy
11.1 Privacy Policy
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. It is incorporated into these Terms by reference.
11.2 User Responsibilities
Users must collect, use, store, and disclose personal information obtained through the Services only for legitimate purposes connected with the relevant Home For Sale Posting or professional relationship and in compliance with applicable privacy, communications, and recordkeeping laws.
11.3 Cross-Border Processing
The Company may process information in the United States and other countries where we or our providers operate, subject to our Privacy Policy and applicable law.
11.4 No Confidential Professional Relationship
Except for our contractual and legal privacy obligations, submitting information through the Platform does not create an attorney-client, fiduciary, brokerage, or other privileged relationship with the Company.
12. Disclaimers
12.1 As-Is Services
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR RESULTS.
12.2 No Transaction or Professional Guarantee
THE COMPANY DOES NOT GUARANTEE A PROPERTY SALE, LISTING AGREEMENT, INTERVIEW, AGENT
SELECTION, COMMISSION, REVENUE, PRICE, VALUATION, MARKETING PERFORMANCE, LEGAL COMPLIANCE, OR FITNESS OF ANY USER. INFORMATION AND REPORTS PROVIDED THROUGH THE SERVICES ARE FOR WORKFLOW AND INFORMATIONAL PURPOSES AND ARE NOT LEGAL, TAX, FINANCIAL, APPRAISAL, INSPECTION, OR BROKERAGE ADVICE.
12.3 User and Third-Party Risks
YOU ARE RESPONSIBLE FOR YOUR OWN DUE DILIGENCE AND PROFESSIONAL JUDGMENT. WE ARE NOT RESPONSIBLE FOR USER CONDUCT, THIRD-PARTY SERVICES, OFF-PLATFORM COMMUNICATIONS, LISTING AGREEMENTS, PROPERTY CONDITIONS, OR TRANSACTIONS.
12.4 Technical Disclaimer
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT MESSAGES, PROPOSALS, NOTICES, OR DATA WILL ALWAYS BE DELIVERED, PRESERVED, OR RECOVERABLE.
12.5 Mandatory Warranties
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.
13. Limitation of Liability
13.1 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM A PROPERTY TRANSACTION, LISTING AGREEMENT, USER CONDUCT, OR THIRD-PARTY SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
13.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DIRECTLY TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
13.3 Allocation of Risk
The limitations in this Section are an essential basis of the bargain and apply regardless of the theory of liability and even if a remedy fails of its essential purpose.
13.4 Exceptions
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, willful misconduct, or other liability protected by mandatory law.
14. Indemnification
14.1 Indemnity
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Company and its affiliates, directors, officers, employees, contractors, licensors, and service providers from claims, demands, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys' fees arising out of or relating to: your User Content; your use or misuse of the Services; your breach of these Terms; your violation of law or professional duties; your property, Proposal, licensing, advertising, communications, selection decision, listing agreement, or transaction; or your infringement or violation of another person's rights.
14.2 Procedure
We will provide reasonable notice of an indemnified claim when practicable. We may control the defense and settlement, and you must reasonably cooperate. You may not settle a claim in a manner that admits wrongdoing by, imposes obligations on, or fails to fully release a Company party without our written consent.
14.3 Consumer Limitation
This Section does not require a consumer to indemnify the Company to the extent such an obligation is prohibited or unenforceable under applicable law.
15. Suspension & Termination
15.1 Suspension or Restriction
We may warn, investigate, remove content, withhold publication, restrict features, suspend an Account, cancel a Home For Sale Posting, or terminate access when we reasonably believe that a User has violated these Terms or law; created risk or potential liability; failed verification; engaged in fraud, abuse, or harmful conduct; failed to pay; or threatened the security or integrity of the Services.
15.2 User Termination
You may stop using the Services and request Account closure through available settings or by contacting us. Closure does not cancel accrued payment obligations or legal duties.
15.3 Effect
Upon termination, your license to use the Services ends. We may retain information as permitted or required by law, our Privacy Policy, legitimate business needs, dispute resolution, fraud prevention, and enforcement.
15.4 Survival
Sections concerning accrued fees, intellectual property, confidentiality, disclaimers, liability, indemnification, dispute resolution, governing law, and provisions that by their nature should survive will remain effective after termination.
15.5 Appeals
Where we provide an appeal or review process, you must submit accurate information and cooperate. Offering an appeal does not limit our right to take immediate protective action.
16. Governing Law & Dispute Resolution
16.1 Informal Resolution First
Before filing arbitration or litigation, the complaining party must send a written notice describing the dispute, the relevant Account and transaction, supporting facts, and the requested relief. The parties will attempt in good faith to resolve the dispute for at least thirty days after receipt. This requirement does not prevent either party from seeking urgent injunctive relief where delay could cause irreparable harm.
16.2 Agreement to Arbitrate
Except for matters expressly excluded below and subject to applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, a User's relationship with the Company, or the formation, validity, enforcement, interpretation, or scope of this arbitration agreement will be resolved by final and binding individual arbitration rather than in court. This arbitration agreement is intended to be governed by the U.S. Federal Arbitration Act for transactions involving commerce.
16.3 Arbitration Administration
Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association ("AAA") under the rules applicable to the dispute, including applicable consumer rules. The arbitration may be conducted by videoconference, documents-only process, telephone, or an in- person hearing as the applicable rules and arbitrator permit. The arbitrator may award any individual remedy available in court that is not waived by these Terms.
16.4 Small Claims and Injunctive Relief
Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, Account security, or the integrity of the Services while arbitration is pending.
16.5 Individual Proceedings and Class Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAIMS MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A REPRESENTATIVE PROCEEDING WITHOUT ALL PARTIES' WRITTEN CONSENT.
16.6 Fees
Arbitration fees will be allocated under the applicable AAA rules and mandatory law. The Company will not seek attorneys' fees from an individual consumer unless the arbitrator determines that a claim was frivolous or brought for an improper purpose and an award is lawful.
16.7 Opt-Out
An individual User may opt out of the arbitration and class-waiver provisions by sending a signed written notice to the Company within thirty days after first accepting these Terms. The notice must state the User's full name, Account email, mailing address, and a clear request to opt out of arbitration. Opting out does not affect the remaining Terms.
16.8 Governing Law
Except to the extent preempted by federal law or superseded by mandatory law, these Terms and disputes between you and the Company are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
16.9 Court Venue
For any dispute not subject to arbitration, and except where mandatory law provides otherwise, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware. The parties also consent to those courts for enforcing an arbitration agreement or award.
16.10 Canadian and Other Mandatory Rights
If you reside in Canada or another jurisdiction whose mandatory law prohibits or restricts pre-dispute arbitration, class-action waivers, choice of law, venue, liability limits, or other terms, those provisions apply only to the maximum extent permitted, and your non-waivable rights remain unaffected.
16.11 Severability of Arbitration Terms
If any portion of this Section is unenforceable, it will be severed or limited to the minimum extent necessary, except that if the class waiver is finally held unenforceable as to a particular claim and that determination cannot be severed, that claim will proceed in court rather than arbitration.
17. Changes to These Terms
17.1 Updates
We may modify these Terms to reflect changes in the Services, business practices, fees, technology, security, or law. The updated Terms will state the effective date.
17.2 Notice of Material Changes
When required by law, we will provide advance notice of material changes through the Platform, email, or another reasonable method and obtain consent where required.
17.3 Continued Use
Unless applicable law requires affirmative consent, continued use after updated Terms become effective constitutes acceptance. If you do not agree, you must stop using the Services and cancel any affected recurring Service before the change takes effect.
17.4 Prior Disputes
Changes to the dispute-resolution provisions will not retroactively alter the agreed procedure for a dispute of which the Company had actual written notice before the effective date of the change, unless the parties agree otherwise.
18. Contact Information
18.1 Company
HashtagMyHome, Inc. 8 The Green, STE A
Dover, DE 19901 United States
18.2 Contact Channels
General support: [email protected]
Legal notices: [email protected]
Privacy inquiries: [email protected]
Website: ForSalePosting.com
18.3 Legal Notices
Notices to the Company concerning disputes, arbitration opt-outs, infringement claims, or other legal matters must be sent to the legal-notice email and mailing address above, with enough information to identify the sender, Account, issue, and requested action.
18.4 Entire Agreement and Miscellaneous
These Terms, the Privacy Policy, and any expressly incorporated additional terms constitute the entire agreement between you and the Company concerning the Services. If any provision is unenforceable, it will be limited or severed and the remainder will continue. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, financing, reorganization, sale of assets, or by operation of law.
Headings are for convenience only. The words "including" and "include" mean "including without limitation."