Last Revised: October 30, 2017
PLEASE NOTE THAT THESE RPTS TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU, AND WE RECOMMEND THAT YOU PRINT OUT A COPY FOR YOUR RECORDS.
1. Shelterzoom Users and Real Property Transactions
A Property is a specific piece of real property listed for sale.
The Real Property Transactional Services include services designed to facilitate the making of offers to purchase Property (“Offer”), the acceptance of those offers (“Acceptance”), and the creation of a memorandum of agreement to consummate a real property transaction for the purchase of the Property (“Agreement”). For some types of Users, it may also include access to a dashboard to view and review Offers, Acceptances, Agreements, and other activity relating to a Property or group of Properties (the “Dashboard”).
An Agreement (sometimes commonly called a ‘binder’) is meant to take the subject Property off the market until a formal and complete contract of sale can be drawn and signed by both parties, however, whether or not to list for sale or take the subject real property off the market is not in Shelterzoom’s control and is not Shelterzoom’s responsibility.
Shelterzoom is not a real estate broker or agent, and, while Shelterzoom may connect you with one, it does not endorse or recommend the services of any third party, including any real estate broker or agent. Shelterzoom is providing the Shelterzoom Online Services solely as an administrative platform for potential buyers and sellers of properties to connect, and in no way, directly or indirectly, holds itself out as a real estate broker or agent, or claims to act on behalf of either buyers or sellers.
You are responsible for complying with any third-party agreements you may have previously entered into relating to the purchase or sale of each Property, including any buyer’s representative or seller’s listing agreements.
2. Fees and Billing
Certain Offers require payment to submit through the Shelterzoom Services (a “Paid Offer”), and we’ll automatically bill you for the fees listed in the Offer Now Widget from the date we approve your Paid Offer. In addition, you are responsible for paying any and all fees in any third-party agreements you may have previously entered into relating to the purchase or sale of each Property, including any buyer’s representative or seller’s listing agreements.
Unless noted, fees are in US dollars. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. We may change the fees in effect, but will notify you of the current fees each time you use the Offer Now Widget.
You authorize us to charge the payment method associated with your Account for all fees for Paid Offers.
To the extent permitted by law, fees are nonrefundable, even for Paid Offers that we remove. Some jurisdictions have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Paid Offers will remain in effect until cancelled or terminated under these Terms. You may remove your Paid Offer at any time, but it may remain in our systems for several days after you notify us, and you are still responsible for paying for it. If you don’t pay for your Paid Offer on time, we reserve the right to remove it or convert it to a free Offer.
- Payment Methods. We want to make payments to Shelterzoom convenient, so we allow you to pay using a number of different payment methods.
- Authority. When you provide a payment method to us, you confirm that you are permitted to use that payment method, and you authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for the transaction. You also authorize us to collect and store that payment method, along with other related transaction information.
- Authorization. We may obtain a pre-approval from the issuer of certain payment methods for an amount which may be as high as the full price of your purchase. We will bill your payment method at the time you attempt to submit a Paid Offer, or shortly thereafter. If you cancel a transaction before completion, or we deny approval, this pre-approval may result in those funds not otherwise being immediately available to you.
- Prepayments. You may have the option to purchase Paid Offers by prepaying. Amounts prepaid are non-refundable except where required by law. Shelterzoom is not a bank and does not offer banking services; accordingly, prepaid amounts do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
- Nonpayment. If you fund a payment and your transaction results in overdraft or other fees from your bank or issuer, you alone are responsible for those fees. If you purchase a Paid Offer and your payment method fails or your Account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
- At-will use. We may revoke your eligibility to pay for transactions via the Shelterzoom Online Services at any time at our sole discretion.
- Inquiries. By making a payment via the Shelterzoom Online Services you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
- Our right to cancel. We may cancel any payment transaction made via the Shelterzoom Online Services if we believe the transaction violates these RPTS Terms or for any other reason including fraudulent or illegal behavior.
- Payment limitations. To prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit payment methods for a transaction, or limit your ability to make a purchase, or deactivate your Account.
- Sharing of information. To prevent financial loss to you or to us, we may contact your payment method’s issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
- Abandoned Property. If you receive a credit to your Account from us and leave an Account balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your Account and leave a balance, or if we deactivate your Account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your balance to the appropriate governing body as required by law.
- Outside transactions. If you enter into a transaction with a third party and have a dispute over the real property, goods or services you purchased, we have no liability for the real property, goods or services underlying the transaction. We also have no liability for the content of any communication relating to those. Our only responsibility is to present Offers and Acceptances.
- Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your Account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the transaction has taken place, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
- Notice to you. By establishing an Account through the Shelterzoom Online Services, you agree that we may communicate with you electronically any important information regarding your purchases or your Account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
4. Offer and Acceptance Requirements
Offers and Acceptances must:
- clearly state any and all terms you intend to attach;
- not mislead; and
- not violate someone’s rights.
You are required to remove Offers and Acceptances if requested by us, or we may remove or require you to change any that fail to meet these requirements.
Shelterzoom does not guarantee that any User will make an Offer, or that any Offers made will provide the best terms available, or will result in an Acceptance or Agreement, and Shelterzoom does not guarantee any Offer made through the Shelterzoom Online Services, including how long it will be held open by the User submitting the Offer.
5. Collection of Data
If you collect content and information directly from another Shelterzoom User, you will make it clear that you (and not Shelterzoom) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from Users, you are responsible for securing all necessary permissions to reuse their content and information.
Don’t use information obtained from a person’s interaction with you through the Shelterzoom Online Services for any purpose other than to facilitate the real property transaction intended. If you want to use this information for any other purpose, first obtain that User’s explicit consent.
6. Your Offer or Acceptance & Your Permissions
When you use the Shelterzoom Online Services to create an Offer or Acceptance, you provide us with contact information, content, messages, and so on (“Your Content”). Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Shelterzoom Online Services.
We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. The Shelterzoom Online Services also provides you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
The Shelterzoom Online Services let you share Your Content with others, so please think carefully about what you share.
In addition, the Shelterzoom Online Services may be discontinued or your Account may be terminated at any time without notice, so please keep a copy of Your Content for yourself. We are not liable for damage to or loss of any of Your Content.
7. Your Responsibilities
You are responsible for your conduct. Your Content may be protected by others’ intellectual property rights, so please don’t copy, upload, download or share content unless you have the right to do so.
Help us keep you informed and Your Content protected. Safeguard your Shelterzoom Online Services Account password, keep your Account information current, and don’t share your account credentials or give others access to your Account. You are responsible for maintaining the security of your Account, and you understand that you may be charged for any Offers placed on or through your Account.
You’re free to stop using the Real Property Transactional Services at any time. We reserve the right to suspend or terminate your access to the Real Property Transactional Services without notice to you if: (a) you’re in breach of these RPTS Terms; or (b) you’re using the Shelterzoom Online Services in a manner that would cause a real risk of harm or loss to us or other users; or © you haven’t accessed your Account for 12 consecutive months.
9. Discontinuation of Services
We may decide to discontinue the Real Property Transactional Services and/or any or all of the Shelterzoom Online Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll use our best efforts to give you reasonable prior notice so that you can remove any of your content from our systems. If we discontinue any of the Shelterzoom Online Services in this way before the end of any fixed or minimum term for which you have paid us, we’ll refund the portion of the fees you have pre-paid but for which you haven’t received any Real Property Transactional Services.
10. Services “AS IS”
We strive to provide great Real Property Transactional Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, SHELTERZOOM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE REAL PROPERTY TRANSACTIONAL SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
11. LIMITATION OF LIABILITY
AS STATED ABOVE, SHELTERZOOM IS PROVIDING THE SHELTERZOOM ONLINE SERVICES SOLELY AS AN ADMINISTRATIVE PLATFORM FOR POTENTIAL BUYERS AND SELLERS OF PROPERTIES TO CONNECT, AND IN NO WAY, DIRECTLY OR INDIRECTLY, HOLDS ITSELF OUT AS A REAL ESTATE BROKER OR AGENT, OR CLAIMS TO ACT ON BEHALF OF EITHER BUYERS OR SELLERS.
UNDER NO CIRCUMSTANCES WILL SHELTERZOOM BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SHELTERZOOM ONLINE SERVICES, INCLUDING ANY DAMAGES RELATED TO THE INSPECTION OR SALE OF ANY PROPERTY, AND SHELTERZOOM ASSUMES NO RESPONSIBILITY FOR ANY RESULT OR CONSEQUENCE RELATED DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED ON YOUR USE OF THE SHELTERZOOM ONLINE SERVICES.
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR OUR OR OUR AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE REAL PROPERTY TRANSACTIONAL SERVICES. IN PLACES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IN PLACES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, SHELTERZOOM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT SHELTERZOOM OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE REAL PROPERTY TRANSACTIONAL SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, SHELTERZOOM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. SHELTERZOOM AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $100 USD OR 100% OF ANY AMOUNT YOU’VE PAID US FOR PAID US FOR OFFERS IN THE PAST 12 MONTHS.
12. Resolving Disputes
13. Governing Law
These Terms will be governed by New York law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
14. Entire Agreement
These RPTS Terms constitute the entire agreement between you and Shelterzoom with respect to the subject matter of these RPTS Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these RPTS Terms. These RPTS Terms create no third party beneficiary rights.
15. Waiver, Severability & Assignment
No delay or failure on the part of Shelterzoom to enforce any part of these RPTS Terms will constitute a waiver of any of Shelterzoom’ rights under these RPTS Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Shelterzoom nor the reliance of any person on Shelterzoom’ actions will be deemed to constitute a waiver of any part of these RPTS Terms. Only a specific, written waiver signed by an authorized representative of Shelterzoom will have any legal effect whatsoever.
If any provision of these RPTS Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions, and the remaining provisions will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
These RPTS Terms and the rights granted hereunder may be assigned by Shelterzoom but you may not assign them without the prior express written consent of Shelterzoom, and any such attempt will be void.
We may change these RPTS Terms so please check back from time to time. If we make material changes, we will inform you by posting a notice within the Shelterzoom Online Services. We may also notify you of changes via electronic communication, and we may ask you to affirmatively accept changes at the time you next access or use of the Shelterzoom Online Services or log in to your Account. By continuing to use the Shelterzoom Online Services after such notice and/or acceptance, you agree to be bound by these RPTS Terms as modified. All changes are effective when we post them and apply to your access and use of the Shelterzoom Online Services thereafter. Changes to the Dispute Resolution provisions in our Terms do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
17. General Provisions
The headings and captions contained herein are for convenience only. These RPTS Terms will inure to the benefit of and will be binding upon each party’s valid successors and assigns.
If you have any questions regarding our Real Property Transactional Services, you can contact us by using the Contact form on the Shelterzoom website http://Shelterzoom.com/contact.
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