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Terms of Use

ClickStart Homes Terms of Use

Your use of this web site and your transactions conducted with the company in connection with this web site are subject to the following terms and conditions, referred to as "Terms of Use". Clicking onto webpages beyond the web site’s homepage constitutes your acceptance of and agreement with the terms of use whether or not you complete a transaction with the company and whether or not you complete your transaction on the web site or through other channels, such as by phone, by e-mail, or otherwise. If you do not agree to the terms of use, you may not use this web site.

Residential Real Estate Only. You are authorized to use the Services only for residential real estate transactions, and not for commercial real estate transactions of any kind.

ClickStart Homes has a real estate broker licensed in Georgia and may assist you in performing the various tasks in a real estate transaction. However, unless explicitly specified in a separate agency agreement between you and ClickStart Homes, THE SERVICES PROVIDED ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind.

ClickStart Homes, unless provided for in a separate agreement, assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any consumer takes based on the Services or any other information available through or in connection with the Services.

Permissible Use of ClickStart Homes Services

You agree that:

Opt in to the text service on the website
Opt out of the text service on the Account Settings page or by replying with the keyword "STOP“ to the message received
Receive assistance with the text service by replying with the keyword "HELP" to the message received
You may receive more than five text messages per week, occasionally more. Standard message and data rates may apply.
Each use of this Web site by you indicates and confirms your assent and agreement to be bound by these Terms of Use; and

You agree not to use or attempt to use this Web site for any purpose that:

Your use of this Web site is subject to and governed by these Terms of Use;
You will only access or use this Web site and transact business with us if you are at least 18 years old;
You will comply with and be bound by these Terms of Use as they appear on this Web site each time you access and use this Web site;
Each use of this Web site by you indicates and confirms your assent and agreement to be bound by these Terms of Use; and
These Terms of Use are a legally binding agreement between you and ClickStart Homes that will be enforceable against you
Interferes with our network services;
Attempts to gain unauthorized access to our network services;
Impairs or limits our ability to operate this Web site or any other person’s ability to access and use this Web site; and/or

You acknowledge and understand that the Terms of Use creates a customer relationship with ClickStart Homes. This does not impose a financial obligation on you or create any representation agreement between you and ClickStart Homes. If you have an exclusive representation agreement with any other real estate agent or broker, that agreement may prohibit you from receiving the type of real estate services that ClickStart Homes may provide unless you first obtain that agent or broker's permission. By accepting this Terms of Use, you warrant and affirm that you are not in an exclusive representation agreement with another real estate agent or broker that prevents you from now agreeing to receive service from a ClickStart Homes broker through our website.

No Further Agreement. You understand any agreement entered into at any time between the Participant and Registrant imposing a financial obligation on the Registrant or creating agency representation of the Registrant by the Participant must be established separately from the Terms of Use, must be prominently labeled and may not be accepted solely by "mouse click".

Referrals

ClickStart Homes does not guarantee or warrant the products or services of other product or service providers to whom it may refer you, including, but not limited to, real estate brokers/agents, lenders and escrow/settlement companies.

Indemnification

You agree to indemnify ClickStart Homes and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Web site and/or your breach/violation of or failure to comply with the Terms of Use.

Disclaimers

The content, services, calculations, information, products and materials on or available through this web site are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible under applicable law, ClickStart Homes disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. ClickStart Homes makes no representation or warranty regarding the content, services, calculations, information, products or materials, or the use or results of use of the content, services, calculations, products or materials, on or available through this web site. The content, services, calculations, information, products and materials on or available through this web site could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication. ClickStart Homes has no obligation to maintain the currency or accuracy of any content, services, calculations, information, products or materials on or available through this web site.

You acknowledge and agree that ClickStart Homes is not, and shall not be, responsible for the results of any defects that may exist in this web site or its operation. As to the operation of this web site, ClickStart Homes expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. ClickStart Homes makes no representation or warranty that (a) the operation of this web site will meet your or any other user’s requirements; (b) access to the web site will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (c) any defects in this web site will be corrected. You agree that you, and not ClickStart Homes, will bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have as a result of using or visiting this web site.

Limitation of Liability

You agree that under no circumstances will ClickStart Homes be liable to you or any other person or entity for any damages or injury, including any direct, special, incidental, consequential or punitive damages or any damages or injury caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure or computer virus or other problem, that may result from the use of, or the inability to use, this web site or the content, services, calculations, information, products or materials on or available through this web site, whether in an action alleging breach of contract, negligence or any other cause of action, or arising out of or in connection with the use or performance of any content, services, calculations, information, products or materials on or available through this web site. You agree that ClickStart Homes shall not be liable even if we or our authorized representatives have been advised of the possibility of such damages.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall ClickStart Homes’s total liability to you for damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, in accessing or using this web site.

Communications with Company

Time Sensitive Instructions: When communicating with us through this Web site, chat or via e-mail, do not use the Web site, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Web site, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.

Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.

Opt-Out: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from ClickStart, you may opt-out by sending an e-mail to contact@ClickStarthomes.com.

Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as "Confidential" contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Privileged Information: E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an e-mail in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.

Fair Housing Act

ClickStart Homes fully supports the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended). As such, ClickStart Homes does not engage in business practices that discriminate against persons because of race, color, religion, national origin, sex, familial status, or handicap.

Equal Housing Opportunity

ClickStart Homes is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Mobile Message Service Terms and Conditions

Important! Please read these SMS Terms & Conditions (the “SMS Terms”) carefully. By enrolling or otherwise agreeing to receive text messages from or on behalf of ClickStart Realty LLC (“ClickStart Homes”) or by otherwise providing your phone number to ClickStart Homes, you agree to these SMS Terms, as well as ClickStart Homes Terms of Use and Privacy Policy,

By opting in to any ClickStart Homes promotional text program, you expressly consent to receive recurring marketing text messages that may be sent using an automatic telephone dialing system, by or on behalf of ClickStart Homes, at the cell phone number you provide us. To opt in to ClickStart Homes’ promotional text messaging programs, please follow the instructions provided by the specific program from which you wish to receive marketing text messages.

By voluntarily providing your cell phone number to ClickStart Homes, you consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to promotional outbound notifications deployed to individuals who have either granted express written consent via a webform on clickstartmortgage.com/homes. Outbound content may include promotional offers for engaging with a ClickStart Homes agent or ClickStart Homes partner agent. Incentives or limited time offers for matching with an agent, or MO driven response-based campaigns to provide end users with information related to their inbound sms query. Please note we may not be able to deliver messages to all mobile carriers.

Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology.

How to Opt Out and Get Help

To stop receiving text messages from ClickStart Homes, you agree to reply STOP to the text message. After texting STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while ClickStart Homes processes your request(s). If you opt out of one ClickStart Homes text messaging program, you will remain opted in to other ClickStart Mortgage text messaging programs (if applicable) unless you opt out of those programs separately.

Cost

Message and data rates may apply for any messages sent to you from or on behalf of ClickStart Homes, and messages sent to ClickStart Homes from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Changes to the SMS Terms

These SMS Terms may be updated by ClickStart Homes at any time without prior notice, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.

Additional Terms

You acknowledge that certain features of this Web site, as well other products and services of ClickStart Homes, including those that may be available through this Web site, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Permission to Be Contacted: By submitting information to ClickStart Homes through the Web site or otherwise, you are making an inquiry as to ClickStart Homes’s programs and services and give ClickStart Homes, ClickStart Mortgage, & it’s affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a "Do Not Call" list. For more information about how we process your personal information, please see the

Governing Law

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Web site shall be filed only in the state or federal courts located in Maricopa County, Arizona, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

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