TERMS OF USE

Last Revised: May 30, 2018

 

These Terms of Use (“Terms of Use”) govern your use of our website located at www.BeeKee.com (the “Website”), BeeKee’s related mobile application (the “App”), and any other related websites, applications, online content or online services offered by BeeKee (collectively the “Services”) offered by HomXit Corporation, dba BeeKee (“BeeKee”).

 

These Terms of Use apply to the use of Services by consumers and Home Professionals. “Home Professionals” includes individuals, businesses and other organizations who offer real estate services or other services for your home, such as, without limitation, REALTORS®, real estate agents or brokers, lenders, mortgage brokers, home builders, contractors, remodelers, landscapers, plumbers, electricians, movers, and other service professionals. Except as otherwise indicated, consumers and Home Professionals using our Services are referred to by terms such as “you” and “your,” and BeeKee and its affiliates are referred to by terms such as “BeeKee”, “we”, “us” and “our.”

 

If you use the Services on behalf of a company, organization, or other entity, then (a) these Terms of Use apply to you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity's behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

 

Our on-line privacy practices related to the Services are described in our Privacy Policy located at www.BeeKee.com/privacy (“Privacy Policy”).  Our Terms of Use include the terms of our Privacy Policy.

 

Please review these Terms of Use carefully as they affect your legal rights and obligations.  These Terms of Use describe your responsibilities, BeeKee’s liability and the liability of third parties related to the Services.  All users of BeeKee’s Services must accept and comply with the terms and conditions set forth herein.  Certain portions of the Service may be subject to additional terms and conditions specified by us from time to time; your use of the Service is also subject to those additional terms and conditions and those additional terms and conditions shall be deemed to be incorporated into these Terms of Use.  If you have any questions regarding these Terms of Use, please contact us via email at support@BeeKee.com.

 

These Terms of Use include (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Services.

 

BY USING THE SERVICES OR DOWNLOADING OUR APP, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU MAY NOT USE ANY OF OUR SERVICES OR DOWNLOAD OUR APP.

 

I.  ABOUT THE SERVICES

 

BeeKee engineers various services that streamline and simplify all of the people, products, services, documents and workflow needed to buy,  sell and improve a home. Our Services connect and support everyone that is part of the process: seller, buyer, agent, vendor and neighbor. Our App provides a business automation platform that allows Home Professionals to manage calendaring, contacts, billing credit card collection and leads. In addition it provides a technology platform to assist in buying and selling a home either by owner, limited service in-house advisor or through a traditional real estate agent relationship.

 

BeeKee is not a real estate broker, agent or salesperson, and is not a legal accounting, or financial advisor and does not provide home services of any type. BeeKee is a technology platform. We are not representing you in the sale or purchase of your home or with respect to any repair, improvement or other home service. Any real estate, mortgage, insurance or other licensed professional advice provided by a licensed broker or salesperson through the BeeKee platform is their independent advice.

 

II. ACCOUNT REGISTRATION

 

1.              To register an account on the Services, you must be at least 18 years of age (or the age of legal majority in your jurisdiction, if older).  Users under 18 or the age of legal majority in your jurisdiction are not allowed to use the Services or register for an account to use the Services.

 

You do not need to create an account on the Services (a “User Account”) to visit the public pages of the Services, however, you do need a User Account to access many of our Services. You may create a User Account by completing the registration process set forth on the Website or in the App.  You are responsible for providing and maintaining your current contact information, which may include name, email address, postal address, phone number, payment information and other account information.  Home Professional may also need to provide license information or their MLS ID#.  By creating a User Account, you represent and warrant to us that information you have provided is accurate.

 

If you are using the Services as a broker, contractor or other Home Professional that requires licensing in your jurisdiction to provide the services you are offering through our Services, you hereby represent and warrant that you have such license(s).  BeeKee reserves the right to request evidence of such license(s) as a condition to your use of the Services.

 

When you create a User Account, you will be asked to click that you accept these Terms of Use.

 

2.              You (and your authorized staff, if any) are the sole authorized user of your User Account.  You are responsible for maintaining the confidentiality of any user name, password and account number provided by you or BeeKee for accessing the Services.  You are solely and fully responsible for all activities that occur under your password or account. BeeKee has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must cease all use of the Services and contact BeeKee immediately by emailing support@BeeKee.com.

 

III. TERMS GENERALLY APPLICABLE TO THE SERVICES

 

1.              License to Use Services.  Subject to your compliance with these Terms of Use, BeeKee hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Services, and to download and use a single copy of the App onto your mobile device,  solely on computers and devices that you own or control, and subject to the limitations set forth below.  These Terms of Use are limited to the intellectual property rights of BeeKee and its affiliates and licensors and do not include any rights to other patents or intellectual property.  We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.

 

Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and BeeKee, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and BeeKee acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and BeeKee acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, BeeKee, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the App. You and BeeKee acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Google Play Store.  If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms of Use, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play.  You acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by BeeKee or you (or any other user) under these Terms of Use or the Google Play Terms

 

2.              Fees.  We charge a fee for some of our Services.  If a fee is required to use a Service, we will tell you at the time you ask about the Service.  Our fees may change from time to time.  All of our fees are non-refundable unless otherwise required by law.

 

(a)    Home Sales - DIY or PRO.  If you are selling a home using our DIY or PRO platform version, when you publish your listing on the Listing Sites (defined below) through the Service, you will be entering into a Platform Listing Contract [KD(1] (defined below) to pay BeeKee a platform fee depending on the final sales price of your home .  The platform fee will be paid partially upfront and the balance will be paid out of escrow at closing.  We will provide you with a copy of the Platform Listing Contract.  You must provide a copy of the Platform Listing Contract to the escrow officer for the property sale and instruct the escrow officer to pay the BeeKee fee to BeeKee out of escrow at close of escrow.  In addition, you authorize BeeKee to provide a copy of the Platform Listing Contract to the escrow officer for the property sale, and to instruct the escrow officer to pay the BeeKee fee out of escrow at close of escrow.

 

(b)    Home Sales – Concierge.  If you sell your home using the Concierge platform version, the agent you choose to use for full service real estate services will pay the BeeKee platform fee partially when you choose the agent and the balance will be paid by the real estate agent at the close of escrow.

 

(c)    Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”).  Please see www.beekee.com for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Use.

 

(d)    Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment.

 

(e)    Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

 

(f)     Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Paid Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.BEEKEE.COM.

 

(g)    Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.BEEKEE.COM.  IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

 

(h)    Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

(i)     Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, which can be done through your account at www.beekee.com, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or cancel your Subscription Services at any time, go to [3050 Pullman St., Costa Mesa, CA 92626 / [KD(2] your account at www.beekee.com].  If you cancel a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

 

(j)     Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

 

3.              Use Restrictions.

 

(a) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will provide us with whatever proof of identity we may reasonably request; (iii) you will only use the Services for lawful purposes; (iv) you will only use the Services for your own use and will not distribute or resell it to a third party; (v) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (vi) you will not impair the proper operation of the network, including but not limited to by trespass or burdening network capacity; and (vii) you will not try to harm the Services in any way whatsoever.

 

(b) You agree that you will not use the Services: (i) for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (ii) to advertise, solicit or transmit commercial advertisements, including “spam”; (iii) to cause nuisance, annoyance or inconvenience; or (iv) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

 

(c) You agree to protect the Services from any unauthorized access or use, and will not use the Services or any proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by BeeKee.

 

(d) Except as specifically permitted herein or expressly authorized in writing by BeeKee, you agree that you will not directly or indirectly: (i) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; (ii) harvest or scrape any content or data from the Services; (iii) interact with the Services through any automated means (including but not limited to scripts, bots and third-party tools); or (iv) authorize any third party to engage in any of the acts described in this clause.

 

                 (e) You further agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (iii) use any means to discover the source code of any portion of the Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Services

 

4.              User Content License Grant.  As a condition of your use of the Services, you hereby grant to BeeKee a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Services (“Your Content”).  By posting or submitting Your Content through the Services, including any publicly accessible blog, comments or community forum we may make available (collectively “Forums”), you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity.  We take no responsibility and assume no liability for any content or materials submitted or posted through the Services, including in the Forums, by you or any third party.  WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING.

 

5.              Forms and Self-Help Materials.

 

                  (a) As part of our Service, we offer “fill in the blank” forms and related information for your individual use (collectively, “Self-Help Materials”). Although many of our Self-Help Materials are prepared or reviewed by attorneys, we are not a law firm, are not licensed to practice law in any jurisdiction and do not provide any legal advice. No attorney-client, fiduciary or other special relationship is created between us by your use of our Self-Help Materials.  Properly preparing documents with legal significance requires qualified real estate, legal and tax advice specific to your particular financial, tax, family and other circumstances. Our Self-Help Materials are not a substitute for the advice of an real estate professional, tax professional or attorney.  Any information you enter into our forms will appear exactly as entered by you.  We do not review the information you enter into our forms for completeness, accuracy or sufficiency.  You should contact your own professional advisors to verify that the forms prepared using our Self-Help Materials are correct, legally sufficient in your jurisdiction and appropriate for your unique circumstances. All use of our Self-Help Materials is at your own risk.

 

                  (b) While we make reasonable efforts to keep our Self-Help Materials accurate and current, they are not guaranteed to be complete, correct or up-to-date. Real estate, tax and other laws change from time to time and vary from jurisdiction to jurisdiction, and may be interpreted differently by different courts.

 

6.              No Investment Advice or Agency.  BeeKee and its affiliates are not acting as a real estate broker, agent, financial advisor or other Home Professional by providing the Services.  No statement in the Service is to be construed as investment advice or a recommendation regarding the purchase, lease, rental or sale of any properties.  Any projections or opinions regarding the past, current or future state of the real estate market included in the Service merely present the view of the applicable Service Provider or the author of the content as of the date they were prepared.  BeeKee, the applicable Service Provider or the author of the content is under no obligation to update any projections, opinions or other content.  Events and circumstances may occur that change the viewpoint or analysis of the applicable Service Provider or the author of the content or affect the actual results.  The actual results will usually vary from the forecast and the variation may be material.

7.              Third Party Services and Materials.

 

(a) When you express interest in particular products or services, we may highlight certain Home Professionals for you to consider. We expect all Home Professionals to maintain high standards; however, the listing of any Service Professional is not a recommendation or endorsement of that Home Professional and is not a guarantee of that Home Professional’s quality, competency, or character.  You are solely responsible for selecting a Home Professional that meets your requirements. You acknowledge that we may receive compensation from Home Professionals by virtue of your use of the Service and/or purchase of products or services from Home Professionals.

 

(b) Certain of our Services display, include or make available content, data, information, applications or materials from Home Professionals or other third parties (collectively, “Third Party Materials”) or provide links to certain third party web sites. Third Party Materials and links to other web sites are provided solely as a convenience to you. By using the Services, you acknowledge and agree that BeeKee is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. BeeKee does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.

 

(c) In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Services are not available in all languages or in all countries. BeeKee makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

 

8.              Property Listings.  All property listings, descriptions, photographs, graphics and other information or materials (“Listings”) are provided by the sellers or lessors of the properties listed on the Services, or their agent, or from third party or publicly available sources.  Sellers or lessors are solely responsible for verifying the accuracy and timeliness of the information contained in the Listings.  We do not inspect any properties or verify any information provided in the Listings, and make no representation, warranty or guaranty regarding the properties.  We ae not responsible for any errors in the Listings or delays in displaying information.  You agree that BeeKee shall have no liability for any Listings or your reliance on their contents.

 

V.              PLATFORM LISTING CONTRACT

 

1.              Agreement.  By agreeing to sell a home using our DIY or PRO platform version and listing your property (the “Property”) for sale on the local Multiple Listing Service ("MLS") and on other major social media sites (the “Listing Sites”) through the listing service available on www.beekee.com, you agree to the terms set forth in this Section V (the “Platform Listing Contract”) in addition to the other Terms of Use.

 

2.              Compensation to BeeKee.  You agree to pay BeeKee the platform listing fee listed on www.beekee.com based on the final sales price of your Property and the platform version you select.  You agree to provide a copy of this Platform Listing Contract to the escrow officer for the sale of your Property and instruct the escrow officer to pay the platform listing fee to BeeKee out of escrow at close of escrow.  In addition, you authorize BeeKee to provide a copy of this Platform Listing Contract to the escrow officer for the Property sale, and to instruct the escrow officer to pay the BeeKee out of escrow at close of escrow.  The platform listing fee is in addition to any fees charged by any of the Listing Sites.

 

3.              Listing Period.  The Platform Listing Contract commences on the date you click to accept this Platform Listing Contract and ends on the earlier of when (i) you cancel the listing or (ii) the Property closes escrow (the “Listing Period”).

 

4.              Listing Price and Terms.  The Property will be listed for the sale price and on the terms offered by you on the listing form for the Property on www.BeeKee.com.

 

5.              Scope of Services.  During the Listing Period, BeeKee's services under the Platform Listing Contract are expressly limited to listing the Property on the Listing Sites available through the BeeKee Services and directing inquiries regarding the Property to you or your designated agent.  BeeKee is not obligated to do any of the following (unless you have contracted for additional BeeKee Services that cover one or more of the following):

 

 • Promote or market the Property other than listing the Property on the Listing Sites.

 • Find potential buyers for the Property.

 • Prepare disclosure documents, market analyses, or marketing or promotional materials for the Property.

 • Schedule or make any inspection of the Property.

 • Schedule or host tours or open houses of the Property.

 • Evaluate potential buyers or offers.

 

6.              Preparation of Listing.  You agree to submit to BeeKee all information and photos which are required by the Listing Sites. You hereby authorize BeeKee to take any actions necessary to ensure your listing is compliant with the rules of the Listing Sites.

 

7.              Information Display.  All transaction terms will be published on the Listing Sites and made available to the public. You understand that the entire Property address will be visible on the Listing Sites and on any third-party websites that have an MLS data feed or have been syndicated by MLS or the other Listing Sites. You understand that all Listing Sites are outside of the control of BeeKee.

 

8.              Changes to Your Listing.  Once BeeKee has submitted your listing with the Listing Sites, you will be entitled one (1) free change to the listing.  You will be charged a fee for each additional change requested.

 

9.              Changes in Status.  All changes in the status of your listing must be reported to BeeKee within 24 hours of occurring. In particular, within 24 hours of the closing of the sale of your Property, you must update the listing status to ‘Sold’ and provide the final sales price and any other information required by BeeKee. MLS and the other Listing Sites may impose fines for not having the correct status on all listings, for having inaccurate information in listings, and for non-responsiveness to property inquiries.

 

You agree to pay all fines that BeeKee incurs (i) as a result of non- current or inaccurate listing information about your Property or (ii) due to your failure to respond to property inquiries (fines vary and can be up to $1,000).

 

10.            Cancellation by BeeKee.  This Platform Listing Contract may be cancelled by BeeKee, without liability to you, should any of the following occur: (i) you do not provide current listing status within 24 hours of a change of status, (ii) you fail to respond to any inquiry from BeeKee within 24 hours, (iii) if you fail to respond to any inquiry from a prospective buyer or an MLS participant within 48 hours, or (iv) if you provide information or photographs which you know to be inaccurate.

 

11.            Non-Discrimination. You hereby acknowledge that it is illegal to refuse to present, sell or lease real property to any person because of race, color, religion, national origin, sex, marital status, age or physical disability.

 

12.            Warranties and Representations.  You warrant and represent to BeeKee that:

 

(a)             You are the owner of record of the Property or have the legal authority to execute this Platform Listing Contract on behalf of the owner of record;

 

(b)             all information and photos provided by you accurately represent the current condition of the Property;

 

(c)             there are no delinquencies or defaults under any deed of trust, mortgage or other encumbrance of the Property;

 

(d)             the Property is not subject to the jurisdiction of any court in any bankruptcy, insolvency, conservatorship or probate proceeding; and

 

(e)             there is sufficient equity in the Property if sold at the Listing Price to pay any and all liens that encumber the Property, plus all amounts due under this Platform Listing Contract, plus all selling expenses

 

VI.            TERMS APPLICABLE TO JOBS PERFORMED BY HOME PROFESSIONALS

 

1.              Home Service Agreements.  Home Professional acknowledges and agrees that a contract (the “Home Service Agreement”) is formed when you agree on the terms of a job (each a “Job”) with an individual using the Services to procure your services (each a “Client”).  The terms of the Home Service Agreement include the terms set forth in this Section VI, the engagement terms proposed and accepted via the Services, and any other contractual terms accepted by both you and the Client to the extent such terms do not conflict with these Terms of Use and do not expand BeeKee’s obligations or restrict BeeKee’s rights under the Terms of Use.  You agree that BeeKee is not a party to any Home Service Agreement and the formation of a Home Service Agreement will not, under any circumstance, create an employment or other service relationship between BeeKee and Home Service Professional.

 

2.              Use of Subcontractors.  Where approved in advance by the Client, Home Professional is not obligated to personally perform the Job. Before any Job is performed by any assistants, helpers, subcontractors or other personnel engaged by Home Professional (collectively “Assistants”), Home Professional must first obtain approval in advance from the Client. Home Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable state and federal income tax withholdings as to Home Professionals and all Assistants engaged to perform the Job.

 

3.              Job Payment. The Client shall pay Home Professional directly for completed Jobs through the PSP (as defined below) as indicated on the Services at the rates agreed to by the parties in the Home Service Agreement. Each party agrees to comply with the Terms of Use during the engagement, performance and completion of a Job.

 

4.              Payment Processing for Jobs.  Home Professional will be required to provide credit card and/or bank account details to BeeKee and the Payment Processor. Home Professional is responsible for invoicing Clients within 24 hours of the work being performed even if the Job is not completed in its entirety or is designed as “ongoing”. Clients will be responsible for paying the invoice for each Job (the “Invoice”), which will include (i) the pricing terms of the Job agreed between the parties to the Home Service Agreement (“Job Payment”), (ii) any out of pocket expenses agreed with and submitted by Home Professional in connection with the Job, (iii) any tip or gratuity, if applicable, (iv) the service charge BeeKee assesses for the Services, variable based on the Job Payment amount, and (v) the platform fee (if any) , and (vi) cancellation fees, if applicable. Home Professional will be responsible for paying (i) registration fees (applicable to your registrants), (ii) cancellation fees, if applicable, and (iii) repayment of erroneous payments. Clients may also be charged credit card processing fees.

 

5.              Payment Processor Agreement.  Home Professional may be required to register with the Payment Processor, agree to any terms and conditions of the Payment Processor, and go through a vetting process at the request of the Payment Processor to set up an account with the Payment Processor.  The terms and conditions between Home Professional and the Payment Processor retained by BeeKee are available through the link provided on www.beekee.com [KD(3] (the “Payment Processor Agreement”).  BeeKee is not a party to the Payment Processor Agreement and has no obligations or liability to Home Professional or Client under the Payment Processor Agreement.

 

6.              Payment Authorization.  When Client receives confirmation through the Services or via email that a Job has been completed, Client automatically authorizes BeeKee to provide Client's payment details to the Payment Processor for processing of Job Payment, out of pocket expenses owed to Home Professional, and the service charge and other fees owed to BeeKee for the use of Services.  Home Professional may be charged a cancellation fee through the Payment Processor if Home Professional books a Job, but cancels it before it is completed, as set forth in the Job pricing terms on www.beekee.com, or if Home Professional agrees to perform a Job but fails to complete it, as may be set forth in the Job pricing terms.

 

vii.           Disclaimer of Warranties & Limitation of Liability.

 

1.              YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BEEKEE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. BEEKEE DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE SERVICES WILL BE CORRECTED.  ANY ORAL OR WRITTEN ADVICE PROVIDED BY BEEKEE OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BEEKEE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

2.              TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL BEEKEE BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER  DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF BEEKEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. BEEKEE’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT PAID FOR THE APPLICABLE SERVICES OR, IF NO AMOUNTS WERE PAID, THEN TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

3.              You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that BeeKee would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce BeeKee to grant you the rights set forth in these Terms of Use.

 

4.              By entering into these Terms of Use and using the Services, you agree that you shall defend, indemnify and hold BeeKee, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term, representation or warranty of the Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; (d) your failure to pay any fee, commission or other amount owed to a third party; or (e) your negligence or willful misconduct.

 

VIII.         Ownership.

 

1.              The Services and their content, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws.  You acknowledge and agree that BeeKee and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests.  You do not acquire any rights or licenses under any of BeeKee’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use.  You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of BeeKee (or its licensors), and accordingly you agree to (i) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of BeeKee, and (ii) only use such information for the purposes of using the Services provided by BeeKee hereunder.

 

2.              Any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to BeeKee by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by BeeKee or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of BeeKee.  You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions.  All Feedback and Revisions become the sole and exclusive property of BeeKee and BeeKee may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.  You hereby assign to BeeKee any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.  At BeeKee’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

 

IX. ARBITRATION AND CLASS ACTION WAIVER

 

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding).  Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

 

1.              Informal Process First.  You agree that in the event of any dispute between you and BeeKee, you will first contact BeeKee and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

 

2.              Arbitration Agreement.  After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of BeeKee’s services and/or products, including the Services, or relating in any way to the communications between you and BeeKee or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and BeeKee. or (b). If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.

 

Notwithstanding the foregoing, this arbitration provision does not bar you from making use of applicable small claims court procedures in appropriate cases and it does not apply to: (i) any Claim by BeeKee for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms, (ii) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or real property sales contract, for example as defined in California civil code section 2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanics lien; or (iv) any matter which is within the jurisdiction of a probate or bankruptcy court. The filing of a judicial action to enable the recording of a notice of pending action, or to request an order of attachment, receivership, preliminary injunction or other provisional remedy, shall not constitute a waiver of the right to arbitrate under this provision.

 

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and BeeKee are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

 

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to BeeKee, 3050 Pullman St., Costa Mesa, CA 92626  Attn: Legal. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

 

The number of arbitrators will be one.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.  The arbitration will be conducted in the English language. California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

 

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

 

If you do not want to arbitrate disputes with BeeKee and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@BeeKee.com within thirty (30) days of the first of the date you access or use the Service.

 

Class Action Waiver

 

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

 

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator 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. If for any reason a claim proceeds in court rather than in arbitration, you and BeeKee each waive any right to a jury trial.

 

X. GENERAL PROVISIONS

 

1.              Modifications. We may modify these Terms of Use at any time.  Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Terms of Use.  If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes.  Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use.  If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.

 

2.              Termination. If you breach any of the terms of these Terms of Use, all licenses granted by BeeKee, including permission to use the Services, will terminate automatically.  Additionally, BeeKee may suspend, disable, or delete your User Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason.  If BeeKee deletes your User Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name.  In the event of User Account deletion for any reason, BeeKee may, but is not obligated to, delete any of Your Content. BeeKee shall not be responsible for the deletion of (or failure to delete) Your Content.  All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms of Use by BeeKee or you.  Termination will not limit any of BeeKee’s other rights or remedies at law or in equity.

 

3.              Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by BeeKee hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.  In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

 

4.              U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

5.              Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms of Use by any authority.

 

6.              Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to BeeKee for which monetary damages would not be an adequate remedy and BeeKee shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

 

7.              Miscellaneous.  These Terms of Use sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.  These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by BeeKee but may not be assigned by you without the prior express written consent of BeeKee.  If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.  It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.  Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose.  In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.  The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only.  You and BeeKee agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use.  The AAA Rules and the laws of the state of California, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

8. Contact Us.  You may contact us regarding the Services or these Terms of Use at support@BeeKee.com.

 

© 2019 BeeKee Corp.            Terms           Privacy           Policies          Consent           Copyright

© 2018 BeeKee Corp.           Terms           Privacy           Policies          Consent           Copyright