The policy set forth below is provided in English only to avoid any misinterpretations caused by a language translation. If necessary, please seek the proper advice, or please do not use this Referral Network.
WHAT YOU SHOULD KNOW
Welcome to the Better Homes and Gardens Real Estate Referral Network (the "Referral Network"). The goal of this Referral Network is to provide you with access to a network of real estate professionals for the purposes of generating and closing referral leads in real estate markets ("Referrals"). Please read our Terms & Conditions of Use (the "Terms") carefully before continuing with your use of the Referral Network . These Terms shall govern the use of the Referral Network and apply to all users of the Referral Network. By accessing or using this Referral Network, you agree to the Terms. The Terms are meant to protect all of our Referral Network users, and your use of this Referral Network signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS Referral Network.
Better Homes and Gardens Real Estate LLC, 175 Park Avenue Madison, NJ 07940, an affiliate of Realogy Services Group LLC ("We", "Us", "Our") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Referral Network after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms. In accordance with our goals, this Referral Network may permit you to link to other Referral Networks, that may or may not be affiliated with us and/or this Referral Network and/or Better Homes and Gardens Real Estate LLC, and that may have terms of use that differ from, or contain terms in addition to, the Terms specified here. Your access to such Referral Networks through technology provided on this Referral Network is governed by the terms of use and policies of those Referral Networks, not this Referral Network.
PRIVACY
Registration data and certain other information about you is subject to our Privacy Notice. For more information, please review our full Privacy Notice.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Referral Network, and You agree not to use or permit others to use this Referral Network, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Referral Network's infrastructure(b) disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Referral Network; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Referral Network pages, or the Content without our prior written permission, provided that generally available third party Web browsers such as Netscape Navigator and Microsoft Internet Explorer® may be used without such permission..
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS REFERRAL NETWORK IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, Better Homes and Gardens Real Estate LLC DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Better Homes and Gardens Real Estate LLC, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS REFERRAL NETWORK WARRANT THAT THE FUNCTIONS CONTAINED IN THIS REFERRAL NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS REFERRAL NETWORK IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. Better Homes and Gardens Real Estate LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS REFERRAL NETWORK, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS REFERRAL NETWORK. YOU EXPRESSLY AGREE THAT USE OF THIS REFERRAL NETWORK IS AT YOUR SOLE RISK. YOU (AND NOT Better Homes and Gardens Real Estate LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER Better Homes and Gardens Real Estate LLC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS REFERRAL NETWORK, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS REFERRAL NETWORK OR ANY OTHER LINKED SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE). FOR EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THIS STATEMENT , Better Homes and Gardens Real Estate LLC AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS REFERRAL NETWORK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Better Homes and Gardens Real Estate LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, Better Homes and Gardens Real Estate LLC'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Better Homes and Gardens Real Estate LLC, the Providers, and Referral Network hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms
THIRD PARTY RIGHTS
These Terms are for the benefit of Better Homes and Gardens Real Estate LLC, its Providers, and Referral Network hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained in this Referral Network is presented solely for your convenience and/or information. This Referral Network is controlled and operated by Better Homes and Gardens Real Estate LLC from its offices in Madison, NJ. Better Homes and Gardens Real Estate LLC makes no representation that Content in its Referral Network is appropriate or available for use in other locations. Those who choose to access this Referral Network from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Referral Network in violation of U.S. export laws or regulations. These Terms shall be governed by, construed and enforced in accordance with, the laws of the State of New Jersey, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Better Homes and Gardens Real Estate LLC brings to enforce these Terms, or in connection with any matters related to this Referral Network, shall be brought only in either the state or Federal courts located in and for Morris County, New Jersey, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
DATA PROTECTION LEGISLATION AND LIABILITIES - GENERAL TERMS
By using this platform, you acknowledge that it is your responsibility to ensure that you am accessing, collecting, handling and storing any personal information or other data related to your usage of the Referral Network in a way that is compliant with all applicable data, security and privacy legislation in your country or jurisdiction. You confirm that you will obtain the informed consent of any person or persons whose information is contained in any referrals I create. You confirm that the person or persons whose information is contained therein are aware that their information may be securely transferred to other parties in other jurisdictions using technology owned and operated by Immobel, as a necessary part of the referral process. Such other parties may include, but are not limited to, affiliates of Realogy Services and Better Homes and Gardens Real Estate LLC. You acknowledge that the Referral Network operated by Immobel is a method for securely transferring client data, and is strictly to be used for the purposes of facilitating referrals amongst real estate professionals. You further confirm that I am accessing, collecting, handling and storing any personal information or other data any similar data provided to me by other parties during the course of referral activity in the Referral Network in a way that is compliant with all applicable data, security and privacy legislation in my country or jurisdiction. Any other usage of the platform or any misuse of any data transferred herein is deemed a breach of the terms of access, may lead to access being withdrawn from the user and any affiliated parties, and is not the responsibility of Realogy Services Group, Better Homes and Gardens Real Estate LLC or Immobel. Neither Realogy Services Group, nor Better Homes and Gardens Real Estate LLC, nor Immobel can be held responsible or liable for the data policies or practices of the end users of this platform. You confirm that you will immediately communicate any requests by individuals or groups of data subjects concerning the deletion of data transmitted by, copied to or stored within the BHGRE© Referral Network to Realogy Services Group, Better Homes and Gardens Real Estate LLC and Immobel.
DATA PROTECTION LEGISLATION AND LIABILITIES - UPLOADING CONSUMER DATA
This Referral Network is managed by Better Homes and Gardens Real Estate LLC from the United States. Any information submitted to or through this System may be transferred to and/or accessed from the United States and Poland, and to/from the jurisdictions in which any Referred Broker/Agent (defined below) is located. For any individuals whose personal information you upload, transfer, access or share through the System, you are responsible for providing all notices and obtaining all consents required under applicable privacy and data protection laws from such individuals to the collection, use and sharing of their personal information through the System, and the transfer of their personal information to other jurisdictions. You hereby agree that you are the controller (as that term is defined in the European General Data Protection Regulation or GDPR) of the data related to your client(s) (each a “Referred Client”) that you are uploading to this System. You hereby instruct Better Homes and Gardens Real Estate LLC (and its vendor Immobel) to be processors of such uploaded data, making such data available via the System to those applicable individual broker(s) or agent(s) as you have directed (each a “Referred Broker/Agent”) for the purpose of the Referred Broker/Agent directly contacting the Referred Client and thereby allowing the Referred Broker/Agent to establish their own direct client relationship with such Referred Client. Do not upload any data to the System unless you have the direct, express instructions and informed consent of your Referred Client to have their data uploaded to this System and for such data to be made available to the Referred Broker/Agent via the System for this purpose. You hereby agree to promptly notify Realogy Services Group, LLC at [email protected], Better Homes and Gardens Real Estate LLC at [email protected] and Immobel at [email protected] in the event that you receive any request from a Referred Client that data related to them should be deleted from the System in accordance with the GDPR and/or if the Referred Client no longer wishes their data be made available via the System. Note that you agree that upon the Referred Broker/Agent accessing the Referred Client data, both you and the Referred Broker/Agent are co-controllers of such data. For those of you that are uploading data related to Referred Clients that are residents of California, the following also applies: You, as expressly directed by the applicable Referred Client, hereby instruct Better Homes and Gardens Real Estate LLC (and its vendor Immobel) to share such Referred Client’s personal information (as that term is defined in the California Consumer Protection Act of 2018 (CCPA)), to other brokers, agent or other providers in order to facilitate or make available the referral program and related benefits to the Referred Client. You hereby agree to promptly notify Realogy Services Group, LLC at [email protected], Better Homes and Gardens Real Estate LLC at [email protected] and Immobel at [email protected] in the event that you receive any request from a Referred Client that they wish to opt-out or no longer participate in such referral program.
ENTIRE TERMS
The provisions and conditions of these Terms, and each obligation referenced here, represent the entire Terms and Agreement between Better Homes and Gardens Real Estate LLC, its affiliated or related entities, and you, and supersede any prior agreements or understandings not contained here. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the terms of the most recently published Terms shall govern.
