Rest Assured Home Buyers: Terms of Service

Use of Our Service

Matchmaking is the core of what we do for real estate. When the time is right, we make a professional introduction between you and one of our Real Estate partners. The service that we provide to both buyers and sellers of real estate and real estate professionals is governed by a few terms that are outlined below.

Because we are an online service, we don’t ask you to deal with and physically sign a lengthy contract. The terms of our contract with you are set forth below in plain language. If you don’t agree with the terms, then we ask you please to leave this Web site and not use our services. If you do use this Web site, then that action will serve as your agreement to be bound by our terms of service (“Terms of Service” or “Agreement”).

Rest Assured Home Buyers, Inc. (“Rest Assured Home Buyers”) is operated in compliance with all state and federal housing laws.

Terms for Broker and Agents

Real estate professionals who are involved with and use our Web site must agree with the following terms:

You grant RestAssuredHomeBuyers.com permission to display on our Web site and elsewhere information that we have gathered or you have supplied related to any of the real estate transactions that you have handled as a real estate professional. This information helps your potential clients better understand your specialties.

Maintaining a profile on RestAssuredHomeBuyers is completely free. However, if you choose to accept Referrals from RestAssuredHomeBuyers, and if you subsequently handle a real estate transaction for this Referral, then you agree to pay us a Referral Fee that will be a percentage of the gross commission you earn. This is how we earn money and is what allows us to continue to provide our services to you. Your acceptance of any Referral from RestAssuredHomeBuyers constitutes your express and ongoing assent to the terms of the Referral Agreement, as may be amended from time to time.
You are responsible for maintaining your own real estate license and for following all applicable real estate laws regarding disclosures, documentation and other brokerage responsibilities. In addition, you are responsible for the real estate brokerage services provided to your clients and agree to indemnify, defend and hold Rest Assured Home Buyers harmless from any claims, costs, and damages incurred by Rest Assured Home Buyers arising from claims by your clients regarding the brokerage services you have provided.

Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any Referrals made prior to such termination are still bound by this Agreement, and Referral Fees will be due upon close of any transactions resulting from such Referrals.
In connection with the Referrals, you agree to be contacted by Rest Assured Home Buyers and its Referrals via phone, email, mail or other reasonable means, and you further agree that you will not provide the referrals to any other party without our written consent.

You may initiate or receive a call from a Rest Assured Home Buyers representative or one of our Referrals via one of Rest Assured Home Buyers’ tracked phone numbers. If you do so, Rest Assured Home Buyers may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.

Any information that you provide to Rest Assured Home Buyers shall be accurate, complete and owned by you, and you agree to update any information that is or becomes inaccurate. Of course, if we discover that any information is inaccurate we may correct it ourselves. You hereby grant us permission to e-mail or display your Profile (including your name, likeness, contact information and transaction details) and such other information as may be supplied by you on or from our Web site “www.restassuredhomebuyers.com” and such other partner and affiliate websites as we believe advisable for marketing purposes.

You agree that we may modify the services provided, these terms of service or the price charged for our services at any time. We will send you an email in advance of any significant changes of our services, terms of service or prices, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent referrals or services shall be governed by such new terms.

Terms for Referral Agreement

The terms below relate to that certain Referral Agreement, entered into by you (the Agent) and Rest Assured Home Buyers (the “Referral Agreement”). Capitalized terms used below that are not otherwise defined herein have the meanings assigned to them in the Referral Agreement.

Confidentiality.

During the course of the Referral Agreement, it may be necessary for Rest Assured Home Buyers to share proprietary information, including its agent portal, industry knowledge, and other confidential information and personal information related to the Client subject to the Referral, to the Agent in order for the Agent to properly service his/her/their Clients. The Agent will not share any of this proprietary information at any time and will take care to prevent the publication, distribution and utilization of such confidential information with at least the same degree of care which the Agent takes to protect his/her/their own confidential information of a similar nature, but in any case no less than an appropriate and reasonable degree of care. This section remains in full force and effect even after the Termination.

Representations and Warranties.

The Agent represents that he/she/they is fully authorized to enter into the Referral Agreement and is doing so voluntarily, without external influences or additional incentives from Rest Assured Home Buyers. The performance and obligations of the Agent under the Referral Agreement will not violate or infringe upon the rights of any third party or violate any other agreement between the Agent and any other person, organization, or business or any applicable law or governmental regulation. The Agent represents that he/she/they is properly licensed as a real estate agent and able to conduct such real estate transactions in the jurisdiction and territory applicable to Referrals accepted by the Agent. The Agent represents that the Broker has agreed to receive Referrals from, and agreed to pay the Referral Fee to, Rest Assured Home Buyers.

Indemnity.

The Agent agrees to indemnify and hold harmless Rest Assured Home Buyers and its affiliates, and their respective officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, expenses (including without limitation reasonable attorneys’ fees) and costs of any kind or amount whatsoever, which result from the negligence of, or breach of the Referral Agreement by, the Agent or its respective successors and assigns. Additionally, the Agent agrees to indemnify, defend and hold harmless Rest Assured Home Buyers from any claims, losses, damages, liabilities, penalties, expenses (including without limitation reasonable attorneys’ fees), and costs of any kind or amount whatsoever, which results from claims by Clients regarding brokerage services provided by the Agent. This section remains in full force and effect even after Termination.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REST ASSURED HOME BUYERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR UNDER THE REFERRAL AGREEMENT, OR FOR BREACH OF THE REFERRAL AGREEMENT. REST ASSURED HOME BUYERS’ TOTAL LIABILITY ARISING OUT OF OR UNDER THE REFERRAL AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $250.00.

Legal Fees.

In the event of a dispute resulting in legal action between the Parties, the successful Party will be entitled to its legal fees, including, but not limited to its reasonable and documented attorneys’ fees.

Severability.

In the event any provision of the Referral Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Referral Agreement and all other provisions should continue in full force and effect as valid and enforceable.

No Waiver of Rights.

The failure by either party of the Referral Agreement to exercise any right, power, or privilege under the terms of the Referral Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.

Terms for Buyers and Sellers

All non-real estate professionals (including prospective Buyers and Sellers and their representatives) who are involved with and use our Web site must agree with the following terms:

When the time is right, we may make a professional introduction between you and one of our partners, including a real estate agent or one of our real estate investment partners. Of course, this introduction involves sharing the contact information of each party with the other. When you submit information to RestAssuredHomeBuyers.com for a request, you authorize us to use and provide this information to make an introduction. By providing this information to us, you consent to being contacted by us and by our partners via phone, email, mail or other reasonable means.

For us to help you, we need you to provide information that is accurate and complete, especially your contact information so that our Real Estate partners can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.

YOU UNDERSTAND THAT WHILE REST ASSURED HOME BUYERS MAY REFER REAL ESTATE PROFESSIONALS, ANY REAL ESTATE TRANSACTIONS WILL BE CONDUCTED BY LOCAL REAL ESTATE PROFESSIONALS OR INVESTORS THAT HAVE BEEN REFERRED TO YOU AND ARE NOT AFFILIATED WITH REST ASSURED HOME BUYERS, INC. WE ARE NOT PARTY TO NOR AWARE OF ANY TERMS OF ANY TRANSACTION NEGOTIATED BY THESE REAL ESTATE PROFESSIONALS. REST ASSURED HOME BUYERS DOES NOT ENDORSE, RECOMMEND, OR OTHERWISE KNOW THE TERMS OF ANY AGREEMENT BETWEEN YOU AND A REAL ESTATE PROFESSIONAL.

YOU UNDERSTAND THAT WHILE WE MAY MAKE AN INTRODUCTION TO A THIRD PARTY REAL ESTATE PROFESSIONAL, WITH WHOM YOU MAY OR MAY NOT CHOOSE TO PURSUE A POTENTIAL BUSINESS RELATIONSHIP, REST ASSURED HOME BUYERS IS NOT YOUR AGENT, DOES NOT REPRESENT YOU, AND WILL NOT BE PERFORMING ANY REAL ESTATE BROKERAGE SERVICES ON YOUR BEHALF BEYOND INTRODUCING YOU TO QUALIFIED REAL ESTATE PROFESSIONALS.

YOU UNDERSTAND THAT FOR OUR INTRODUCTION SERVICES WE MAY RECEIVE payment (a Referral Fee) that may be a percentage of the commission received by the professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

Your participation in our services is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any Referrals made prior to such termination are still bound by the agreement that we may have with a real estate professional.

You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by such new terms.

You may initiate or receive a call from a Rest Assured Home Buyers representative or one of our agent partners via one of Rest Assured Home Buyers’ tracked phone numbers. If you do so, Rest Assured Home Buyers may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.

Additional Terms

The Web site and some of our services may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Web site or services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Web site and services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Web site and services, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Web site and services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Web site or services.

You promise that:

you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Web site or services for any reason.

Other than User Content, we own or license all right, title, and interest in and to (a) the Web site and services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Web site and services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © Rest Assured Home Buyers, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Rest Assured Home Buyers, Inc.

All who are involved with and use our Web site must agree with the following additional terms:

It is the policy of Rest Assured Home Buyers to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for these sites:

REGISTERED AGENTS, INC.
7901 4TH STREET N
SUITE 300
ST. PETERSBURG, FL 33702