TERMS AND CONDITIONS OF USE
1. Description of Service
ez Home Search, Inc., a registered entity (hereafter, “we”, “us”, "ez Search", “Company”, or “ez Home Search, Inc.”), offers users a vast array of online platforms, assets, information, software applications, and mobile applications, cumulatively referred to as the "Service." The provision of our services is contingent upon the adherence to these Terms and Conditions of Use ("T&C"). We may periodically update this T&C on our website(s) and any affiliated platforms (collectively, the "Site"), and it is the user's responsibility to stay informed of any modifications. Additional features augmenting the current Service will be subject to this agreement and any other T&C specific to those services.
2. Binding Agreement
Your utilization of, or registration with, any site within the domain of ezHomeSearch.com constitutes an acceptance to be legally bound by these T&C. It also confirms that you possess the legal capacity to enter into this agreement. If you find these conditions unacceptable, we kindly request that you abstain from using our services and accessing our platforms. By sharing your contact details with ez Search, you grant us permission to communicate with you.
We may revise and update these T&C from time to time in our sole discretion. All changes are effective immediately when we post them, and they apply to all access to and use of the Site thereafter. It is our policy to post any changes we make to these T&C on this page with a notice on the Site home page. If we make material changes to these T&C, we will notify you through a notice on the Site home page. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.
Your continued use of the Site or any of our Services following the posting of revised T&C means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
3. Eligibility
This Site and our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or any of the Services.
4. Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in whole or in part, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
In order to access some of the Services, you may be required to provide certain contact information, including your email, through our Site. You agree that all information you provide directly to us on our Site or through other communications with us is governed by our Privacy Policy {INSERT LINK TO PRIVACY POLICY} and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
In order to receive information about properties, you may be required to submit a request (“Information Request”) that provides certain information about yourself to third parties, such as your email address, phone number, and other personally identifiable information (“User Data”). You represent and warrant that all User Data that you submit is true and accurate, and that you are authorized to share it with us. You agree that all User Data submitted in an Information Request is governed by the privacy policies of such service provider or third party to whom you submit the Information Request.
5. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (the “Licensed Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the Site on a computer or other device and the Licensed Content; provided that you do not and do not allow any third party to copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Site. You agree not to modify the Site in any manner or form, nor to use modified versions of the Site for any purpose. Except as provided in this Section IV, no right, title or interest in or to the Site or any Licensed Content is transferred to you. The Company, its licensors and other providers retain all respective right, title and interest (including all copyright, trade secret, trademark, patent and other rights) in and to the Site (including its interface and any underlying software or technology) and the Licensed Content. Any use of the Site or the Licensed Content not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark and other laws.
You may use the Licensed Content only in connection with use of the Services and only as expressly permitted, and you may not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Licensed Content.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these T&C, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. Reliance on Information Posted
The information presented on or through the Site and our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users and third-party licensors, affiliates, aggregators and Multiple Listing Services (“MLS”). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and financial information, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
7. DISCLAIMERS OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THESE T&C AND THE OTHER GOVERNING AGREEMENTS, EZ SEARCH DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES, AND EZ SEARCH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION PROVIDED BY EZ SEARCH, WHICH MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS, AND ALL RISKS ASSOCIATED WITH THE REPRESENTATION OF OR COMMUNICATIONS WITH THIS WEBSITE. EZ SEARCH ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH ACTIVITIES, AND ANY INACCURACIES, ERRORS OR OMISSIONS.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE T&C AND OTHER GOVERNING AGREEMENTS TO THE CONTRARY OR OTHERWISE, EZ SEARCH WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE T&C OR OTHER GOVERNING AGREEMENTS OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF EZ SEARCH WAS AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. EZ SEARCH SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.
9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these T&C or your use of the Site, including, but not limited to, the submission of your User Data, your User Profile, or any use of the Services, the Site’s content, or any products obtained through the Site or Services.
10. Privacy Policy.
Your privacy is paramount to ez Search. All collected data will be managed as per our Privacy Policy, incorporated within these T&C. The full policy can be accessed via our website. ezhomeserach.com/privacy-policy/
11. Disclosure.
ez Search may disclose user information to comply with legal mandates or to safeguard our rights and the rights of our users and partners as detailed in our Privacy Policy.
12. Third Party Content.
In return for utilizing our Service, you understand that we might display ads and link to external content. While we facilitate access, we neither endorse nor assume responsibility for third-party content or services.
13. User Conduct.
You may use the Site and the Services only for lawful purposes and in accordance with these T&C. You agree not to use the Site or the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site or the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the
14. Termination.
ez Search reserves the right to restrict or terminate user accounts and access to our Service for any reason, without prior notice.
Guidelines and Policies
1. Content Guidelines: By engaging with this platform, you affirmatively assert that you have diligently examined and comprehended our stipulated Content Guidelines.
2. Privacy Protocol: You confirm, having delved into and acquired a clear understanding of our Privacy Policy. It is imperative to acknowledge that we may, under specific circumstances, disclose personal details about you to third-party entities. Such disclosures are made if we possess a bona fide conviction that such an action is judiciously necessary to:
- Initiate procedures concerning suspected illicit activities;
- Implement or apply our established Terms and Privacy Policy;
- Comply with legitimate processes or governmental scrutiny, encompassing but not limited to search warrants, subpoenas, statutes, or judicial proceedings;
- Safeguard our rights, repute, assets, or that of our clientele, associates, or the general public.
3. Procedure for Submitting Claims of Copyright Infringement: In alignment with the Digital Millennium Copyright Act (DMCA), should you be of the belief that your intellectual creation has been illicitly replicated, thereby infringing copyright or your intellectual property rights have been violated, kindly reach out to:
ez Home Search, Inc. Copyright Representative
ez Home Search, Inc.
Attn: DMCA Claims
3541 Fountain Lane
Myrtle Beach, SC 29577
Notice Procedure. Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of those materials on the Services is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4. Terms Concerning Claiming Professional Profiles:
Profile Claims: You shall solely claim professional profiles that genuinely represent you. You pledge and ensure that the profile you are claiming authentically represents you. Any information you introduce or edit about yourself (“User Profile”) shall be precise, up-to-date, and honest. Discriminatory, inflammatory, obscene, inappropriate, threatening, defamatory, or legally non-compliant material is strictly forbidden. This explicitly encompasses any declarations that violate the Fair Housing Act's provisions. Unauthorized copyrighted material is also strictly prohibited. Confidential or sensitive information dissemination is forbidden. By providing content and a User Profile to ez Home Search, Inc., you grant an irrevocable, worldwide, royalty-free right for its utilization. You are solely responsible for any User Profile or other information you post on the Site, and the consequences of posting or publishing it. We are not responsible for, or liable to any third party, for the content or accuracy of any User Profile posted by you or any other user of the Site. All of the information provided within your User Profile do and will comply with these T&C.
Authorization: Any information associated with your User Profile will be considered non-confidential and non-proprietary. On claiming your professional profile and providing your User Profile, you grant Company and our affiliates and service providers, and each of their and our respective licenses, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. This includes the ability for ez Home Search, Inc. to showcase your photographs, reviews, and associated activities. This authorization also encompasses information procured from public services or other sources. Public areas of the platform may display your information. The amalgamation and display of information from diverse sources are permissible, though discrepancies might arise. Additionally, you represent and warrant that you own or control all rights in and to the User Profile and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
Communication Protocols: ez Home Search, Inc. reserves the right to share your account-related details, inclusive of personal data, with affiliated social media platforms such as Facebook, LinkedIn, or Twitter. By providing login credentials to such platforms, you authorize the sharing and disclosure of such activities. Privacy settings for content on these platforms should be managed on the respective platforms.
5. General Terms:
Entire Agreement: These Terms and Conditions and our Privacy Policy represent the entire agreement between the user and ez Home Search, Inc., superseding any prior agreements, either written or oral, with respect to the Site and the Services.
Applicable Jurisprudence: The terms are governed by the laws of the State of California. Both parties consent to the jurisdiction of courts located within Santa Clara, California.
Waiver & Severability: No waiver by the Company of any term or condition set forth in these T&C shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these T&C shall not constitute a waiver of such right or provision. If any provision of these T&C is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these T&C will continue in full force and effect.
Statute of Limitations: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE T&C OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Professional Relationship: This agreement does not denote a partnership or employment relationship between the user and ez Home Search, Inc.
Force Majeure: ez Home Search, Inc. cannot be held accountable for uncontrollable and unforeseen circumstances affecting its performance.
Affiliates: ez Home Search, Inc. works with approved real estate, mortgage, and insurance professionals.