Bid This House (BTH) Subscription Terms and Conditions
These (BTH) Subscription Terms and Conditions (the "Subscription Terms") are a contract between you and (BTH), LLC. ("Bid This House"), and apply to your use of and subscription to ("Subscription") one or more of (BTH) paid products or services (collectively the " Services"). BY ACCEPTING THE SUBSCRIPTION TERMS, YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS BELOW.
You agree that (BTH) may change the Subscription Terms at any time by posting the revised Subscription Terms at http://www.BidThisHouse.com (the “Site”) and indicating the date of the last revision at the top. (BTH) may, but is not obligated to, provide you with other forms of notice of such changes. However, you waive any right to specific notice of such changes, and your continued use of Services following the posting of the changes or other notification constitutes your acceptance of such changes or modifications. Therefore, you should frequently review the Subscription Terms and applicable policies to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must cancel your Subscription and stop using the Services.
Terms involving Listing Your Home/ Or Homes You Represent.
Requirements for Listing Your Home:
- You will only claim homes for which you are the current legal owner, and you represent and warrant that the home you are claiming is owned by you.
- You will provide accurate, complete, current, and truthful information when you add or edit facts about your home, or otherwise provide content on the Site.
- You will not publish any material that violates any laws or regulations. This includes, but is not limited to, stating discriminatory preferences in advertisements for housing in accordance with the provisions of the Fair Housing Act
- You agree not to make any statements that are otherwise discriminatory, inflammatory, obscene, inappropriate, threatening, libelous or otherwise objectionable.
- You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload to the site.
- You will not disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
Materials You Provide
- For information or materials you provide to us or in connection with the Services, you grant to (BTH) a royalty-free, irrevocable, perpetual, worldwide license to do the following, nonexclusively: (a) to use, reproduce, distribute, display, modify and edit these materials, and also (b) to sub-license these rights to the maximum extent allowed by law.
- We reserve the right in our sole discretion to edit or remove information or materials provided by you.
- We will not pay you or otherwise compensate you for content you provide to us.
- You are responsible for all actions taken or content added through your account.
- You will be required to confirm your email address in order to add or edit facts about your home.
Communicating With You
- By listing your home, you agree that we can send you emails about your home or listing. You can unsubscribe from these emails through the instructions in any of these emails or update your preferences in the My (BTH) section of the website.
- You are responsible for confirming the accuracy of any details that you provide.
How We Use Information
- You acknowledge that information that you provide about your home/ listing will be posted in public areas of the website and will be available to anyone who visits the site.
You acknowledge that we may display information about your home from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources; you release us from liability for any inconsistent information.
1. Subscription Data.
(a) You will provide (i) accurate, current and complete information as may be prompted by any subscription forms when you subscribe to the Services ("Subscription Data"); (ii) maintain and promptly update the Subscription Data, and other account-related information you provide to (BTH), to keep it accurate, current and complete; and (iii) accept all risks of unauthorized access to the Subscription Data and other information you provide to (BTH).
(b) If you have not already created an account with (BTH), when you purchase Services you will be asked to create an account and choose a password. You are entirely responsible for maintaining the confidentiality of your password, and you agree to maintain the security of your password. You agree not to use the account, username, or password of another (BTH) user at any time, and agree to notify (BTH) immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2. Your Submissions. The Services will allow you to submit certain information and materials to (BTH), including, without limitation, photographic images, as part of your use of the Services ("Submissions"). Under these Subscription Terms, you agree that you will not post, place or transmit any of the following material using the Services and that your Submissions will not include any of the following material:
(a) any material that violates any Federal, state or local law rule or regulation, including without limitation, any fair housing laws, or any industry or trade group rules or regulations;
(b) any material that is false or may mislead or confuse to users of the Site or Services;
(c) any material that is threatening, defamatory, abusive, obscene, pornographic, or otherwise inappropriate,
(d) any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable; or
(e) any material that promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates any of the Guidelines.
3. Subscriptions; Payment. The initial term of the Subscription (the "Subscription Term"), benefits, as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth in your order when you purchase the Services and are also described in the receipt we furnish you for your order. You may review your Subscription information in your Account Settings. Subscription Fees and charges and other terms and conditions applicable to the Services are subject to change by (BTH) at any time by posting such revisions on the Site and/or sending through email notifications to your account's email address. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in U.S. Dollars and that all Subscription Fees are non-refundable. You must provide (BTH) with a valid credit card or other payment method approved by (BTH), and you authorize (BTH) to automatically charge the Subscription Fees in advance or as otherwise indicated in your order for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, (BTH) may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) (BTH) incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of (BTH). If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. Nothing in these Subscription Terms obligates (BTH) to extend credit to any party.
4. Subscriptions. You are solely responsible for all specifications and content you provide to (BTH) for the Services including (a) ad targeting locations and all ad content, ad information, and ad URLs ("Creative") whether generated by you or someone on your behalf. You are also responsible for any (b) web sites, services and landing pages which Creative links or directs viewers to. We may provide you with estimated number of impressions associated with a particular Service order, but estimates are not a guarantee of actual impressions delivered and are subject to change depending on traffic.
5. Representations and Warranties. You hereby represent, warrant and covenant to (BTH) that:
(a) you have the full right, power and authority to enter into this Agreement;
(b) you will comply with all applicable local, state and federal laws, ordinances, regulations and orders with respect to Submissions, including without limitation the Fair Housing Act;
(c) your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with Section 2 above;
(d) all information provided by you in connection with the Services will be true and correct;
(e) you will only provide Submissions related to real estate listings for which you have a valid and current contract or agreement with the owner of such real estate listing to list such property; and
(f) if required, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional.
6. License and Removal of Submissions. (BTH) is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by (BTH) users. However, (BTH) reserves the right in its discretion to (i) delete, disable access to, move or edit Submissions in its sole discretion for any reason or no reason, or (ii) take any other action that (BTH) deems necessary relating to use or misuse of the Services, including without limitation, modifying Submissions or terminating your Subscription and/or rights to use the Services. You hereby grant to (BTH) a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions in connection with the Services. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights.
7. Age Requirements. You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of these Subscription Terms.
8. Cancelling Your Subscription or Services, Termination. You will have the right to cancel the Services at any point by calling (BTH) Customer Support at 800-788-1097. If you choose to do so, you recognize that it may take up to 96 hours for your advertising campaigns to be removed. Additionally, no amount that you may have prepaid for use of the Services will be refunded and cancellation will be effective at the end of the then current Subscription period. If you violate any of these Subscription Terms, (BTH) may, in addition to any other rights and remedies it may have, immediately terminate your Subscription to the Services without any notice or other action by (BTH). In the event of such termination, no amounts that you may have prepaid for use of the Services will be refunded. If Bid This House discontinues the Services or cancels your Subscription other than for a breach or violation of these Subscription Terms, (BTH) will either, at its sole option, continue to provide the Services for the remainder of your Subscription Term (up to a maximum of thirty (30) days) or refund you a prorated portion of the Subscription Fees for the current Subscription Term.
10. Indemnification. You will indemnify, defend and hold harmless (BTH), its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Services from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Subscription Terms, including, without limitation, a breach of your representations and warranties, (ii) any activity related to access to or use of the Services by you or any person accessing the Services through you and/or (iii) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party's intellectual property or other rights.
11. Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. (BTH) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ACCESSIBLE THROUGH THE SERVICES OR ON THE SITE. BTH DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR ACCESSIBLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BTH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
12. Limitation Of Liability. IN NO EVENT SHALL (BTH), ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SUBMISSIONS OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Choice Of Law, Waiver, And Claims. These Subscription Terms shall be governed by the laws of the State of Washington without regard to its conflict of law provisions to the contrary. (BTH)’s failure to exercise or enforce any right or provision of the Subscription Terms will not be deemed to be a waiver of such right or provision. If any provision of these Subscription Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Subscription Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Arbitration. Any controversy or claim arising out of or relating to these Subscription Terms or the Subscription Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either (BTH) or you may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington, as necessary to protect the rights or property of you or Bid This House, LLC.