Last Updated: June 27, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY. BY SUBSCRIBING, ACCESSING, OR USING OUR WEBSITE OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AGREE AND ACCEPT ALL THE TERMS OF THESE TERMS OF USE AND OUR PRIVACY POLICY.

INDIVIDUAL REQUESTS FOR WAIVERS OF THESE TERMS OF USE WILL NOT BE ACCEPTED. THESE TERMS OF USE ARE NON-NEGOTIABLE.

BY USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL BE DEEMED YOUR ACCEPTANCE OF THOSE CHANGES.

This Terms of Use governs the manner in which HOMEKICK (hereafter also referred to as "we" and "us") provides services to users (each, a "User") of the HOMEKICK mobile application (hereinafter "app" or "application"), HOMEKICK website at HOMEKICK.com (hereinafter "site" or "website"), the HOMEKICK Facebook page or application, HOMEKICK's Twitter account, any other affiliate websites related to HOMEKICK (together, collectively the "Service").

1. Acceptance of Terms

By using the Services, you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use our Services. Your continued use of the Services following the posting of changes to these terms will be deemed your acceptance of those changes.

2. Description of Services

HOMEKICK operates two distinct marketplaces:

a) HOMEKICK Agents: A platform for listing agents to publish compensation-related details for their listings and for buyers' agents to search for compensation-related details for listings. Agents supplying listing data may do so for free, while agents viewing the data pay an annual recurring fee.

b) HOMEKICK Services: A comprehensive marketplace connecting real estate agents, homeowners, and home services professionals. This platform facilitates:

i. Homeowners seeking real estate agents or home services professionals for various needs related to buying, selling, maintaining, or improving their properties.

ii. Real estate agents offering their services to potential buyers and sellers, including property listing, market analysis, and transaction assistance.

iii. Home services professionals advertising their services, which may include but are not limited to home inspections, repairs, renovations, landscaping, cleaning, and other property-related services.

iv. Posting and browsing of property listings, service requests, and professional profiles.

v. Communication tools for users to interact, request quotes, schedule appointments, and exchange information related to real estate transactions or home services.

vi. Review and rating system for homeowners to provide feedback on real estate agents and home services professionals, and vice versa.

vii. Resources and tools to assist in the home buying, selling, or improvement process, such as market data, cost estimators, and educational content.

HOMEKICK Services aims to streamline the process of connecting homeowners with the right professionals for their real estate and home service needs, while providing a platform for real estate agents and home services professionals to market their services and grow their businesses.

3. User Conduct

As a condition of your access and use of the Services, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use. By way of example, and not as a limitation, you agree not to:

a) Violate any applicable local, state, national or international law, or any regulations having the force of law;

b) Interfere with or disrupt the Services or servers or networks connected to the Services;

c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d) Manipulate identifiers to disguise the origin of any content transmitted through the Services;

e) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

f) Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

j) Intentionally or unintentionally violate any applicable local, state, national or international law;

k) Provide inaccurate, false, or misleading information in listings, profiles, or any other content submitted to HOMEKICK;

l) Engage in any activity that could be considered deceptive or unfair in the context of real estate transactions or home services;

m) Use the Services in any manner that could damage, disable, overburden, or impair HOMEKICK's servers or networks;

n) Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining, or any other means.

We reserve the right to make any changes to these Terms of Use at any time, notice of which may be posted on this page. Users must refer back to our Terms of Use to read any changes in our terms.

4. Content Submission and Licensing

By submitting content to the Services, including but not limited to property listings, reviews, comments, and other materials, you grant HOMEKICK a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and HOMEKICK's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the license above to HOMEKICK. You also represent and warrant that the content you submit does not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

HOMEKICK reserves the right to remove any content that violates these Terms of Use or that HOMEKICK deems inappropriate or harmful to the Services or other users.

Other information that may be collected includes user-generated content such as, but not limited to, ratings, reviews, photographs, or videos.

5. Service Provider Terms

5.1 Real Estate Agents and Brokers

If you are a real estate agent or broker using HOMEKICK Agents, you agree to:

a) Provide accurate and up-to-date information about your listings and compensation structures;

b) Comply with all applicable real estate laws and regulations in your jurisdiction;

c) Maintain the confidentiality of any sensitive information you access through HOMEKICK Agents;

d) Use the information obtained through HOMEKICK Agents solely for the purpose of facilitating real estate transactions and not for any other commercial purpose without HOMEKICK's express written consent;

e) Not filter out or restrict properties available to your clients based on the existence or level of compensation offered to the buyer broker or other buyer representative;

f) Use this account exclusively for your own use and not share it with any other agent or individual. Each agent must create their own account and post their own properties. Access granted to non-licensed personal assistants is permitted, but you remain responsible for all activity on your account. Violation of this requirement will result in account suspension or termination;

g) Ensure that you have secured and can document the proper and necessary rights, license or permissions to the use, dissemination, licensing and publication of data related to a residential listing prior to posting such data;

h) Affirm that you are a duly licensed real estate agent or broker and that you will not publish any false or misleading information. You acknowledge that any violation of this affirmation may subject you to penalties and may be prosecuted to the fullest extent of the law;

i) Indemnify HOMEKICK and its affiliates from any false or misleading information that you disseminate. You agree to completely and fully indemnify HOMEKICK from any cause or claim that arises from any information shared on HOMEKICK that results in any damages realized to any party;

j) Comply with these Terms of Use and HOMEKICK's Privacy Policy in all your interactions with the Services.

HOMEKICK reserves the right to verify your real estate license status and to suspend or terminate your account if we have reason to believe you are not a licensed real estate agent or are otherwise in violation of these terms.

5.2 Home Services Professionals

If you are a home services professional using HOMEKICK Services, you agree to:

a) Provide accurate information about your services, qualifications, and pricing;

b) Maintain all necessary licenses, permits, and insurance required for your profession;

c) Perform services in a professional and workmanlike manner;

d) Comply with all applicable laws and regulations related to your services.

HOMEKICK reserves the right to verify your professional license status, bonding and liability insurance coverage and to suspend or terminate your account if we have reason to believe you are not properly licensed, bonded or insured or are otherwise in violation of these terms.

5.3 Information Collection

While using this Service, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use of and activities at HOMEKICK ("Personal Information"). Personal Information that we collect may include, but is not limited to:

a) Your name, primary residential address, secondary or other non-primary residential address, and email address.

b) Property information about your residences including, but not limited to, number of bedrooms, bathrooms, garage size, basement, pool, and other related information.

c) Regularly scheduled services such as, but not limited to, gardening service, pool service, housekeeping, and pest control.

d) Your bid request from service professionals and any associated transaction, chat messages between you and the professional.

e) Your preferences and interests expressed in the course of using the Service or other information gathered from your Facebook, Twitter, or other social media profiles.

For Users who are service professionals or real estate agents, we may collect the following:

a) Personal information including, but not limited to, your full name and phone number.

b) Business information including, but not limited to, your business name, email address, web URL, service categories served, general description of your business, hours of operation, service specialties, geographic areas served, any consumer reviews about your business, and any ratings from consumers about your business.

c) New business leads including, but not limited to, requested quotes, awarded jobs, quotes sent to customers, ads or promotions offered to consumers.

d) Billing information including, but not limited to, any HOMEKICK subscriptions (free or premium) or credit card information for monthly or annual premiums.

Your credit card information is never stored on our server.

When you use HOMEKICK's site or apps, our servers automatically record information that your browser sends whenever you visit our Service. This information may include, but is not limited to, your computer's Internet Protocol address (IP address), browser type, and the web page you were visiting before you came to HOMEKICK.

We use "cookies" to collect information. A cookie is a small data file that is transferred to your computer's hard disk to facilitate your computer's future access to this information. We use cookies to better understand how our users interact with the site, to monitor usage and how traffic arrives at our site and to improve the functionality of the site. Users may choose to set their web browser or mobile device to refuse cookies, or to alert you when cookies are being sent. If you choose not to accept cookies, please note that some parts of the Service may not function properly.

Do Not Track Signals from Web Browsers - The Service is not presently configured to support Do Not Track ("DNT") signals from web browsers.

6. Mutual Arbitration Agreement

1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HOMEKICK, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and HOMEKICK may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to HOMEKICK. HOMEKICK's address for such notices is: 1031 South Bluff Street Suite 101, St George, UT 84770.
2. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HOMEKICK agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HOMEKICK will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
3. Excluded Disputes. You and HOMEKICK agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; and (3) any claim that an applicable federal statute expressly states cannot be arbitrated.
4. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To the fullest extent permitted by applicable law, You and HOMEKICK agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
5. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
6. Severability. You and HOMEKICK agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

7. Privacy Policy Integration

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. Please review our Privacy Policy at www.homekick.com/privacy.html to understand our practices regarding the collection, use, and disclosure of your personal information.

8. California User Rights

If you are a California resident, you may have additional rights under California law, including the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for more information about your California privacy rights.

Residents of California are also entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

9. Modifications to Terms of Use

HOMEKICK reserves the right to modify these Terms of Use at any time. We will notify you of any changes by posting the new Terms of Use on this page and updating the "Last Updated" date at the top of this page. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use.

10. Contact Information

If you have any questions about these Terms of Use, please contact us at info@homekick.com.

11. Security

HOMEKICK takes the security of your Personal Information seriously. We will employ reasonable measures designed to protect your information from unauthorized access and unsolicited contact from third party groups. To that end, all sensitive personal information (credit card data) is transmitted through secure networks supported by high-grade 256-bit encryption. Credit card numbers are not stored or held on our servers.

12. Our Policy Toward Children

HOMEKICK is not directed to nor is it intended for children under 18. We do not knowingly collect personally identifiable information (or any information at all) from any persons under 18 years old. If we become aware that a child has provided us with Personal Information, we will delete such information from our files. Users of HOMEKICK accept responsibility for ensuring that children are not accessing or using our website.

13. For Users Outside of the United States Only

The Service is hosted on servers located in the United States.