Terms Of Use

User Agreement

 

These Terms of Use are effective as of August 1, 2018. Your continued use of the Services constitutes your acceptance of these updated policies.

Welcome to TheHouseClub.com. This website (the “Services”) is owned and operated by The House Club, Inc., a technology based mobile real estate application headquartered at 10410 Lower Azusa Road. #202, El Monte, California 91731 (“The House Club”).

These Terms of Use (“Terms”) serve as the “Agreement” between you and The House Club regarding the Services, and provide important information to you, including information about your obligations when using the Services, about content you access through the Services, about content you contribute to the Services, and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you accept the terms of the Agreement. If you do not accept, then please do not use the Services.

1. Permissible Use.

  1. Who can Use. You must be: 1) at least the age of majority in the state where you live to use the Services, 2) a licensed real estate agent (“Agent”) in the state where you live, and 3) a resident of the United States. If you are under 18 years old, do not use the Services.
  2. Commercial Use. Agents may only make commercial use of the Services by posting listing information about their or their client’s home (e.g., posting or updating a client’s real estate listing).
  3. Real Estate Only. You are authorized to use the Services only for real estate transactions, and not for other types of non-real estate transactions of any kind.
  4. No Copying, Distributing or Creating Derivative Works. You agree not to copy, distribute, display or create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You also agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.
  5. No Right to Reproduce. Except as expressly stated herein, this Agreement does not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.

2. Submitting Content.

  1. Permissible Submissions. You may submit data, images, photographs, ideas, reviews, comments, property information, listing information, trademarks, copyrighted materials, or other content that you legally own to the Services (collectively “Submissions”). You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate this Agreement, or the rights of any third party. You are solely responsible for your Submissions. The House Club may monitor and edit or remove Submissions, and has no obligation to store or display Submissions. The House Club may modify or remove your Submissions at any time in its sole discretion.
  2. Listing Submission Guidelines. Listings may only be posted to, or updated on, the Services by the owner of the listed property (e.g., a For Sale by Owner listing) or by the contracted, exclusive listing Agent for such listing. The House Club may require that you provide proof you are the owner of the subject property, or that you have an exclusive right to post or advertise the listing (e.g., by requiring a copy of the listing agreement). If The House Club is unable to verify that you are the homeowner or are the contracted exclusive listing Agent, The House Club may remove the listing.

If you are an Agent providing a listing to the Services, you hereby acknowledge and agree that:

  • the owner of the home that is the subject of your Submission has authorized you to post the listing to the Services and doing so doesn’t violate any term of your agreement with, or legal duties owed to, the owner of the home;
  • your broker has authorized you to post the listing to the Services and doing so does not violate any term of your agreement with, or legal duties owed to, your broker;
  • you have complied with all relevant laws, regulations, and policies, including those overseen or enforced by the applicable real estate licensing regulatory authorities, the applicable MLS and/or Association of REALTORS©;
  • you are only submitting information that you know to be true and accurate, and you will update the Services immediately if you become aware that information included in your Submission is or becomes untrue or inaccurate.
  1. Community Guidelines. All Submissions must comply with this Agreement, including these Community Guidelines.
  • Be respectful. We welcome debate, but we will not tolerate personal attacks or defamatory statements about other users, customers or agents. Please avoid controversial topics such as politics, race, religion, and sexuality.
  • Be honest. Only post information that you know is true and accurate. Similarly, do not misrepresent your identity or your affiliation with another person or entity.
  • Submit only what you have a right to submit. Do not submit or post any content that infringes copyright or other intellectual property rights, including the photos and written content that you provide. Do not submit information about real estate properties you do not own, unless you are authorized to do so as the contracted, exclusive listing agent for that property.
  • Respect privacy and confidentiality. Please do not publicly post private information or other peoples’ unpublished contact information. This also includes communications from community administrators and moderators. In general, do not disclose any confidential or sensitive information.
  • No solicitation. Real estate agents and other professionals are welcome here, but not to promote your services. You can include your brokerage, but no contact information, or website addresses. Do not embed any marketing information in listing photos or videos, including an agent’s name, company or brokerage name, logo, phone number or email address (note: where available, The House Club will display the name, photo, license number, brokerage name, phone number and/or email address of listing Agents who submit listings to the Services).
  • No spamming. Do not post advertising, junk mail, spam, scams or chain letters.
  • No illegal or offensive posts. Do not submit or post anything that contains abusive, threatening, illegal, inflammatory, libelous, obscene or pornographic content.
  • No discrimination. Do not post any content that expresses a discriminatory preference, even implicitly.

The House Club reserves the right to monitor, delete or retain content in our sole discretion.

  1. The House Club’s License to Use Your Submissions. For every Submission you post or otherwise provide to The House Club in connection with the Services, you grant The House Club a perpetual, irrevocable, unlimited royalty-free worldwide license to (a) use, copy, distribute, display, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. The House Club will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant The House Club the rights in this paragraph, that The House Club’s use of the Submission will not infringe any third party rights and that the Submission complies with this Section 2. You agree that The House Club may promote and market Submissions made through your user account(s). You are solely responsible for all Submissions made through your user account(s) on the Services or that you or your representative otherwise make available through the Services.
  2. Disclaimer of Responsibility for Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. THE HOUSE CLUB IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON THE SERVICES. The House Club takes no responsibility and assumes no liability for any Submissions posted by you or any third party.

3. Registration and Account Use.

You are responsible for all activities related to the Services that occur through your account. It is your responsibility to keep your The House Club profile information accurate. You agree to keep your password confidential, not use others’ accounts, nor permit others to use your account. The House Club reserves the right to terminate accounts in its discretion.

4. WECHAT Applications.

The House Club offers the Services in WeChat by Tencent, a popular Chinese mobile app (“Wechat Applications”). Examples of Wechat Applications include, without limitation, its mobile applications, Wechat moments, QR codes, etc. (including, but not limited to Wechat for Android, Wechat for iPad, or Wechat for iPhone). You acknowledge you are responsible for all charges and necessary permissions related to accessing The House Club and its Services through your mobile access provider.

  1. Third Party Sites and Linked Materials.

The House Club may include links to third party websites (“Third Party Sites”) in its Services. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it.  The House Club is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.

6. Intellectual Property Ownership and License.

  1. Copyright All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by The House Club or are licensed by The House Club.
  2. Trademarks The House Club name and logo and other The House Club trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of The House Club in the U.S. and/or other countries. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Other trademarks and logos used in connection with The House Club may be the trademarks of their respective owners.
  3. Data The House Club data on our Services is the property of The House Club. The House Club also owns trade secrets and know-how that contribute to the functionality of the Services. All data posted in the WeChat Applications and generated to The House Club, including WeChat moments and QR codes, is owned by The House Club. The House Club has no obligation to provide you with the Wechat Application data.
  4. Restrictions Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use (or misuse) of the Services or any of their components. You may not use any meta-tags or other hidden text using The House Club name or trademarks without our specific permission. We may revoke your permission to access and use Services, and we may block or prevent you from accessing the Services, in our sole discretion without notice. If you violate this Agreement, your permission to access and use the Services is automatically revoked. Except for the limited license granted above, The House Club reserves all of its intellectual property rights in the Services. This Agreement does not grant you any right or license with respect to any trademarks and logos.
  5. Information Aggregation The House Club is not responsible for any errors in displayed information or delays in displaying information. All information provided on the Services is either transmitted to The House Club from other entities or persons or was obtained through publicly available sources. Issues of data accuracy may be brought to the attention of The House Club by sending feedback.

7. Termination.

You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you’d like to deactivate your account, please contact The House Club Customer Service. The House Club may terminate this Agreement or your account at any time, with or without notice, in its sole discretion.

8. Indemnification.

To the fullest extent permissible under applicable law, you agree to indemnify The House Club  and hold The House Club harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on The House Club and its Services.

9. Disclaimers.

THE HOUSE CLUB PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE HOUSE CLUB  DOES NOT CONTROL OR VET THIRD-PARTY GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE HOUSE CLUB AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE HOUSE CLUB OR ANYTHING RELATED TO THE HOUSE CLUB OR ITS SERVICES, YOU MAY DEACTIVATE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. THE HOUSE CLUB IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER THIRD-PARTY CONTENT) SENT THROUGH THE HOUSE CLUB TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. THE HOUSE CLUB DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, THE HOUSE CLUB DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. THE HOUSE CLUB DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. THE HOUSE CLUB DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THE HOUSE CLUB DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

10. Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE HOUSE CLUB OR ANY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST THE HOUSE CLUB OR ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

11. Release.  You release The House Club, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

12. Agreement to Arbitrate.

  1. Binding Arbitration and Class Action Waiver. It is hereby acknowledged and agreed that this Section 14 is governed, in all respects, both procedurally and substantively, by the Federal Arbitration Act. You and The House Club agree to submit to mandatory binding arbitration any and all Claims that may be compelled to arbitration under this Agreement as a matter of applicable law. Claims covered by this Section 14 include all claims under any federal, state, or local laws, except individual claims brought in small claims court as described below.

Further, except as noted below, to the fullest extent permitted by law, you and The House Club agree that no class, collective, aggregate, or representative actions can be asserted in arbitration, litigation, or otherwise (“Class Action Waiver”). All Claims must be brought solely in your or The House Club’s individual capacity, and not as a plaintiff or class member in any purported class, representative, aggregated, or collective proceeding.

SUBJECT TO THE ABOVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, AGGREGATE, OR REPRESENTATIVE ACTION PERTAINING TO ANY SUCH CLAIMS BETWEEN THEM.

If the Class Action Waiver, or any other provision of this Section 14 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that happens, however, the arbitration provisions in this Section 14 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.

Nothing in this Section 14 precludes any party from filing or participating in administrative proceedings before state or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a Claim in court, the party must do the same before submitting a Claim to arbitration under this Agreement. Upon receipt of a right-to-sue letter or similar administrative determination, however, the Claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.

This Section 14 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 14 further does not prevent any party from filing any Claim that otherwise qualifies in small claims court on an individual basis.

  1. Equitable Remedies. Except for individual Claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or The House Club, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. To the extent that you or The House Club prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
  2. Rules and Logistics Governing Arbitration. The arbitration shall be conducted through AAA (“American Arbitration Association”) before a single neutral arbitrator mutually selected by the parties, or, if they cannot agree, pursuant to American Arbitration Association Rules and Procedures (“AAA Rules”). The arbitrator shall also have the sole and exclusive authority to determine the enforceability, interpretation, and implementation of this Agreement, as well as the arbitrability of disputes under this Agreement, except that the enforceability and interpretation of the Class Action Waiver shall be decided solely by a court of law having jurisdiction over the issue. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based.

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. When initially filing arbitration with AAA you will be required to pay a filing fee.  A demand for arbitration must be in writing and delivered by hand or first class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to The House Club, Inc., located at 10310 Lower Azusa Road, #202, El Monte, California 91731. Any demand for arbitration made by The House Club shall be provided to the above address. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.

In arbitration, the parties will attempt to agree on the procedural rules to be used to govern the arbitration proceeding to the extent such rules are not already set out in this Agreement, subject to approval by the arbitrator. If the parties cannot reach such an agreement, AAA Rules shall apply. In all cases, the parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, consistent with the expedited nature of arbitration, and any disputes in this regard shall be resolved by the arbitrator. In all cases, you may choose to have the arbitration proceeding conducted in the jurisdiction in which you reside, at another mutually agreed upon location, or entirely by phone.

Within 30 days of the close of the arbitration hearing, any party will have the right to prepare, serve on the other party and file with the arbitrator a brief. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but, to the extent permitted by applicable law, such remedies shall be limited to those that would be available to a party in his, her or its individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to a party in his, her or its individual capacity in a court of law will be forfeited by virtue of this Agreement. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, or as necessary to confirm or enforce the arbitrator’s award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.

13. Additional Legal Terms.

  1. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
  2. Notices You may contact us at www.thehouseclub.com. Or via mail or courier to The House Club, Inc., located at 10310 Lower Azusa Road, #202, El Monte, California 91731.
  3. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and The House Club regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
  4. Amendments to This Agreement We reserve the right to modify, supplement, or replace the terms of this Agreement. We will notify you of any material changes to the Agreement before they take effect so that you can decide whether to continue using the Services. If you do not want to agree to changes to this Agreement before the changes take effect, you can terminate this Agreement at any time per Section 7 (Termination).
  5. No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
  6. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any other purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, The House Club for any third party that assumes our rights and obligations under this Agreement.
  7. Alpha and Beta Testing The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and The House Club, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.