Terms and Conditions

Terms and Conditions

1. Introduction
   Welcome to Homevind.com (the “Website” or “Platform”). These Terms and Conditions (“Terms”) govern your access to and use of the Website and any related services (collectively, the “Services”). By accessing, browsing, registering for, or using the Services (including submitting a Listing or making a payment), you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Services.

Your electronic acceptance (e.g., clicking “I Agree,” registering, or continuing to use the Services) constitutes your binding agreement to these Terms. You represent and warrant that you are at least 18 years old, have the legal capacity to enter into contracts, and are using the Services only for lawful purposes.

2. User Registration and Accounts

2.1. Certain features require registration. You agree to provide accurate, current, and complete information during registration and to update it promptly if it changes.

2.3. We may suspend or terminate accounts for violations of these Terms or at our sole discretion.

3. Listing Services and Platform Role

3.1. The Website provides a platform for users (including Owners, Agents, Agencies, Buyers, Renters, and others) to list, search, view, and inquire about properties for sale or rent (“Listings”) located anywhere in the United States.

4. User-Generated Content (UGC) and Section 230 Immunity
   The Site allows users to submit, post, upload, or otherwise provide content, including property listings, descriptions, photos, comments, inquiries, and other materials (“User Content” or “UGC”). You acknowledge and agree that:
   a. All UGC is provided by third-party users (information content providers) and not created, developed, or endorsed by the Operator.
   b. Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. § 230), the Operator acts solely as a passive provider and host of an interactive computer service. The Operator shall not be treated as the publisher or speaker of any UGC provided by another information content provider. This includes immunity from liability for hosting, transmitting, displaying, removing (in good faith), or restricting access to UGC, even if such UGC is alleged to be defamatory, infringing, harmful, inaccurate, illegal, or otherwise objectionable.
   c. The Operator may, but is not obligated to, monitor, review, edit, or remove UGC at its sole discretion. Any moderation is done in good faith and does not waive § 230 protections.
   d. You are solely responsible for any UGC you submit, including its accuracy, legality, and compliance with all applicable laws (including real estate advertising rules and fair housing requirements if applicable). The Operator makes no representations or warranties regarding UGC and assumes no duty to verify it.
5. User Conduct
   You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms.
• Upload, post, or transmit harmful, offensive, defamatory, infringing, false, or misleading content (including impersonating others or posting inaccurate Listings).
• Violate real estate, fair housing, anti-discrimination, or other applicable laws in any jurisdiction, including posting content that expresses any preference, limitation, or discrimination based on protected classes under federal or state law (e.g., no language implying exclusion based on race, color, religion, sex, familial status, national origin, disability, or other classes).
• Attempt to collect data via automated means (scraping, bots), overload/disrupt the site, reverse engineer, gain unauthorized access, or restrict other users.
• Facilitate unlicensed brokerage activities, misrepresent licensure status, or violate any state’s real estate licensing, advertising, or brokerage laws.

6. Payments & Fees

6.1. To submit or activate certain Listings, you must pay applicable fees per our current schedule (displayed on the Website). Listings are not processed or displayed until payment is received in full.

6.6. All fees are non-refundable. Due to the immediate digital delivery of advertising/exposure services, no refunds, credits, or prorations apply for any reason (including dissatisfaction, non-use, early cancellation, or plan changes). This is final upon payment and activation.

7. Intellectual Property and User Content License

7.1. All Website content (text, graphics, logos, software) is owned by Homevind.com or licensors and protected by law.

7.3. By submitting Listings or any content (photos, videos, descriptions), you grant Homevind.com a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, display, distribute, modify, and create derivatives solely to operate, promote, and improve the Services (e.g., in search results, ads, or marketing).

8. Limitation of Liability and Disclaimers
   The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind. We disclaim all express/implied warranties, including accuracy, reliability, merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by law:
   a. We are not liable for any direct, indirect, incidental, special, consequential, punitive, or reliance damages (including loss of profits, data, goodwill, leads, or business opportunities) arising from your use of the Services, even if advised of the possibility.
   b. Our aggregate liability (if any) shall not exceed the greater of $100 USD or the fees you paid us in the 12 months before the claim.
   c. You assume all risk related to UGC, inquiries, leads, transactions, or reliance on Site content.
   d. Exceptions: Nothing limits liability for gross negligence, willful misconduct, intentional torts, fraud, or matters that cannot be disclaimed under applicable law.
9. Indemnification by Users
   You agree to indemnify, defend (with counsel reasonably acceptable to Operator), and hold harmless the Operator, its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, successors, assigns, licensors, service providers, and all related parties (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, costs, expenses, and fees (including reasonable attorneys’ fees, court costs, and investigation expenses) arising out of or related to:

• Your use of the Site;
• Any UGC you submit, post, or make available;
• Your breach of these Terms, any representations/warranties, or applicable law;
• Any violation of third-party rights (including intellectual property, privacy, or publicity rights);
• Any transaction, inquiry, lead, or interaction arising from your UGC;
• Your negligence, willful misconduct, fraud, or misrepresentation;
• Any violation of federal, state, or local real estate licensing, brokerage, advertising, disclosure, or fair housing laws in the property’s jurisdiction.
  This indemnification applies regardless of whether the claim arises in whole or in part from the negligence (active or passive), strict liability, or other fault of any Indemnified Party, to the fullest extent permitted by law. This obligation survives termination of your use of the Site.

10. Termination
    We may suspend or terminate your account, Listings, or access at any time, with or without notice, for any reason (including suspected violations). Upon termination, your obligations (e.g., payment, indemnification) survive.
11. Dispute Resolution
    Any disputes arising from these Terms or the Services shall be resolved exclusively through binding arbitration in Saint Lucie County, Florida, under the rules of the American Arbitration Association (AAA), including consumer rules where applicable for individual users and to the extent permitted by law. You waive any right to a jury trial or class actions. This does not prevent small claims court actions for qualifying claims in your local jurisdiction if required by applicable consumer protection laws.
12. Governing Law
    These Terms are governed by Florida law, without regard to conflict of laws principles, except where mandatory provisions of federal law or the consumer protection laws of your state of residence or the property’s location apply. Exclusive venue for any non-arbitrated matters is in the state or federal courts of St. Lucie County, Florida, to the fullest extent permitted by law.
13. Modifications
    We may update these Terms at any time. Changes are effective upon posting (or email notice if material). Continued use constitutes acceptance.
14. Privacy Policy
    Your use is also governed by our Privacy Policy (available at https://homevind.com/privacy-policy), which explains data collection, use, and protection. By using the Services, you consent to these practices.
15. Vacation/Short-Term Rentals (Short-Term/Vacation Rental Listings)
    Private owner listings in the Vacation/Short-Term Rentals category (or any property advertised for short-term use) are subject to the additional Short-Term Rentals / Vacation Rentals Specific Terms, which are expressly incorporated by reference into these Terms and form an integral part of them. These specific terms supplement and, in the event of any conflict, prevail over the general provisions solely with respect to short-term/vacation rental listings and related activities. You can review the full Short-Term Rentals / Vacation Rentals Specific Terms here: https://homevind.com/short-term-rentals-vacation-rentals-specific-terms. By submitting, editing, or maintaining a listing in this category (or by inquiring about or engaging with such listings as a renter), you acknowledge that you have read, understood, and agree to be bound by these specific terms in addition to the rest of these Terms.
16. Real Estate Agents Property Listings (Ads)
    Agent property listings, which we refer to as “ads,” are subject to the additional Agent Advertising Agreement Specific Terms, which are expressly incorporated by reference into these Terms and form an integral part of them. These specific terms supplement and, in the event of any conflict, prevail over the general provisions solely with respect to real estate agent property ads and related activities. You can review the full Agent Advertising Agreement Specific Terms here: https://homevind.com/agent-advertising-agreement-terms. By submitting, editing, or maintaining a property ad in this category, you acknowledge that you have read, understood, and agree to be bound by these specific terms in addition to the rest of these Terms.
17. Nationwide Listings
    The Platform allows Listings for properties located anywhere in the United States. Users submitting Listings represent and warrant full compliance with all applicable federal, state, and local laws in the property’s jurisdiction, including (without limitation) licensing, disclosures, fair housing, advertising, and brokerage rules. We do not verify compliance, licenses, or state-specific requirements. Certain states may impose unique obligations (e.g., disclosures for digitally altered images, material defects, or environmental hazards); users are solely responsible for adherence. No state-specific additional terms are provided unless expressly linked. This does not create any duty on our part to monitor or enforce such laws.

Miscellaneous
If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The court may reform any invalid provision to the maximum extent enforceable under applicable law. These Terms constitute the entire agreement. No waiver of any breach is a waiver of others. Contact us at [email protected] with questions.