Terms

TERMS OF USE

OF OUR SERVICES AND OUR WEBSITE

LAST UPDATED MAY 11, 2018

INTRODUCTION

Thank you for visiting the Home Program website.

We have one mission. Upon your request, to introduce you to the participating local, reputable, honest, trustworthy real estate broker you select to help you sell your home fast for the most money and/or to purchase the home of your dreams for the best price possible. And, within 30 days of your successful closing, we want to pay you between $300 to $10,000 or more for your use of our free service. You pay us $0. Our Cooperating Brokers pay us, only after a successful closing, to bring them clients, and we pay you for asking us to make the introduction. Simple. No catch, ever.

It’s the modern age. Our service is free. We pay you to use it. We won’t be asking you to review and sign a long paper agreement. The terms and conditions for your use of our services and our website are simple. Your use of our services and our website serves as, acknowledges your acceptance of, your agreement to be bound to our terms and conditions for the use of our services and our website as set forth below. If you do not accept and agree with our terms and conditions, please immediately discontinue your use of the Website.

We are licensed in multiple states across the country. We of course operate in full compliance with all local, county, state and federal laws, rules and regulations.

Terms of Use of our Service

Please take a moment to review these Terms of Use (the “Terms of Use”), before registering to conduct any transaction using our services discussed within this website or using the website, which represent an agreement between Realty Holdings USA LLC, a Delaware limited liability company, and/or its affiliates (“Realty Holdings”), and you, the person(s) desiring to sell your home and/or purchase a home, the end user (referred to herein as “homeowner”, “you”, “your” or the “user”).

Subject to the terms and conditions below, for participating in The Home Program, Realty Holdings shall provide Homeowner with a gift card or cash payment (“Award”), value as determined below upon the sale or purchase of the Property (“Property” as defined below) (“the Program”). The Award shall be mailed to Homeowner within 30 days of the sale or purchase of the Property and Realty Holdings being paid its share of the Cooperating Real Estate Broker’s or Qualified Other Broker’s commission (a referral fee paid by the broker at no cost to Homeowner), and Homeowner agrees that if ever selling or purchasing a residential real property (“Property”), Homeowner shall use a cooperating real estate broker then on Realty Holdings’ list of Cooperating Real Estate Brokers (the “List”) except as otherwise provided for below. HOMEOWNER IS NEVER OBLIGATED TO LIST FOR SALE OR SELL A PROPERTY OR PURCHASE A PROPERTY.

Home Value Upon Closing

Award Value Upon Closing

Less than $100,000

$0

$100,000 – $149,999

$300

$150,000 – $299,999

$500

$300,000 – $499,999

$1,000

$500,000 – $749,999

$1,500

$750,000 – $999,999

$2,000

$1,000,000 – $4,999,999

$4,000

$5,000,000 or more

$10,000

  1. Effective Date: The “Effective Date” of this Agreement shall be the date the Homeowner registers at the Website to participate in the Program.

  1. Use of Cooperating Real Estate Broker: Homeowner will choose a Cooperating Real Estate Broker. Homeowner may choose a new Cooperating Real Estate Broker at any time from the List. Realty Holdings may modify the List in its sole discretion at any time. COOPERATING REAL ESTATE BROKERS ARE NOT EMPLOYEES OR AGENTS OF REALTY HOLDINGS.

  1. Use of Unlisted Broker: Homeowner may use a broker that is not a Cooperating Real Estate Broker for the sale of the Property solely upon Homeowner providing Realty Holdings the notice in Section 9 below and such broker agreeing in writing with Realty Holdings to be bound by the referral fee obligation identified in Section 5 below (“Qualified Other Broker”). QUALIFIED OTHER BROKERS ARE NOT EMPLOYEES OR AGENTS OF REALTY HOLDINGS.

  1. Release: REALTY HOLDINGS MAKES NO REPRESENTATION OR WARRANTY REGARDING COOPERATING REAL ESTATE BROKER’S OR QUALIFIED OTHER BROKER’S REPRESENTATION OF HOMEOWNER, AND HOMEOWNER FULLY AND COMPLETELY RELEASES REALTY HOLDINGS FROM ANY LIABILITY IN CONNECTION WITH SUCH REPRESENTATION. REALTY HOLDINGS IS NOT A PARTY TO ANY AGREEMENT YOU MAY ENTER WITH ANY COOPERATING REAL ESTATE BROKER OR QUALIFIED OTHER BROKER.

  1. Referral Fee: Homeowner agrees that if Homeowner ever decides to sell a Property or purchase a Property, Realty Holdings and Cooperating Real Estate Broker or Qualified Other Broker, as applicable, shall share the sales commission (a referral fee paid to Realty Holdings by the broker, at no cost to Homeowner), which is part of and NOT added to the Cooperating Real Estate Broker’s or Qualified Other Broker’s commission.

  1. Qualification: Homeowner(s) represents that (i) he or she owns title to a property and desires to now sell it and / or to now purchase a property (“Property”), and (ii) understands the terms and conditions of, and has authority to execute and bind the Homeowners to, this Agreement.

  1. Delivery of Awards: Realty Holdings will mail the Awards to the address specified by Homeowner upon closing. The Award shall be mailed within 30 days of the sale or purchase of the Property and Realty Holdings being paid its share of the Cooperating Real Estate Broker’s or Qualified Other Broker’s commission.

  1. Term, Right to Cancel: The Term of this Agreement shall be from the Effective Date until the earlier of (i) either you or Realty Holdings chooses to cancel and terminate it at any time with written notice, which either of you or Realty Holdings may choose to do at any time, or (ii) twenty (20) years from the Effective Date (the “Term”). Any referrals Realty Holdings made to one or more Cooperating Real Estate Brokers or Other Qualified Broker(s) prior to such termination will remain protected by the agreement(s) between Realty Holdings and its Cooperating Broker(s) or Other Qualified Broker(s). Realty Holdings will mail all Awards due upon termination by Realty Holdings, at no cost to Homeowner. If you cancel your Agreement to participate in the Program, you will not receive your Award.  

  1. Homeowner Notification Obligation: In consideration of the benefits received or to be received by Homeowner under this Agreement, Homeowner agrees that it shall take the following actions prior to contacting any real estate broker or real estate agent about the possible sale or purchase of the Property, and in all events prior to entering into a listing agreement to sell the Property or a buyer broker agreement to purchase a Property:

    1. Notify Realty Holdings by email at ReadyToSell@HomeProgram.com of Homeowner’s intent to list for sale and sell the Property or at ReadyToBuy@HomeProgram.com of Homeowner’s intent to purchase a Property, and the identity of the Cooperating Real Estate Broker or Qualified Other Broker that Homeowner desires to use for the sale and/or purchase of the Property.

    1. If Homeowner is seeking to sell or purchase the Property using a Cooperating Real Estate Broker (and not using a Qualified Other Broker) Homeowner shall not contact the Cooperating Real Estate Broker or their agent until after Realty Holdings has notified Homeowner that such Cooperating Real Estate Broker has acknowledged the referral by Realty Holdings.

    1. If Homeowner is seeking to sell the Property using a Qualified Other Broker, Homeowner shall not contact the Qualified Other Broker unless and until notified by Realty Holdings in writing that the Qualified Other Broker has agreed in writing with Realty Holdings to be bound by the referral fee obligation identified in Section 5 above.

Homeowner agrees and acknowledges that such notification is needed for the effective management by Realty Holdings of The Home Program.

  1. Breach and Remedy: In the event of a breach by either party to the Agreement, the other party shall have all remedies available to it in law and in equity. The provisions of this Paragraph 10 shall survive the termination of the Agreement.

  1. Miscellaneous Provisions: This Agreement shall be governed by and construed in accordance with the laws of the state of New York with venue for such action to be in a state court in the County of New York. This Agreement, the Terms of Use and the Privacy Policy, herein sometimes referred to as “the Policies”) shall constitute the entire agreement between the parties and any other agreements, representations or warranties, oral or written, express or implied, are superseded and of no further force or effect. This Agreement shall not be modified except by a written agreement executed by the parties. Realty Holdings shall have the right to assign this Agreement or its obligations or rights under this Agreement. The terms “Realty Holdings” and “Homeowner” include all affiliated entities of the parties and their successors, assigns, agents and representatives. If any provision of this Agreement is held unenforceable, then this Agreement shall be interpreted as if such provision were not included provided that the Agreement so modified reflects the intended relationship of the parties. If any dispute, the prevailing party shall be entitled to recover its legal fees and costs, and any relief from the non-prevailing party.  

  1. Government Acts, Headings and Notices: No party shall be responsible for failure or delay in performance hereunder by reason of acts of any government affecting a party that would delay or prohibit performance hereunder. Paragraph headings are for reference purposes and shall not affect the meaning of this Agreement. All notices shall be sent by First Class Mail or when delivered by hand to (i) Homeowner, at the address of the Property or (ii) Realty Holdings, at P.O. Box 620, Greenwich, CT 06836. You agree to provide and maintain a current phone number, email and mailing address with Realty Holdings.

  1. Changes to Services or the Program: You agree that Realty Holdings may change or modify the Services or the Program at any time, in our sole discretion. Your continued use of the Services or the Website after the notice shall mean that you agree to and accept the changes we made to the Services or the Program, and your use thereafter of the Services, Program or the Website shall be governed by such revised terms.

Terms of Use of our Website

The following Terms of Use relate to the use, from within the United States and its territories and possessions, of the website, http://www.HomeProgram.com, and any other services offered by Realty Holdings now or in the future (collectively, the “Website”). The term “Website” includes any software code, scripts, interfaces, graphics, displays, text, content, information, data, documentation and other components and any updates or enhancements to the above. Users of the Website are sometimes referred to as “users”.

By using, visiting, browsing or accessing the Website through any device and in any manner, including but not limited to browsing the Website or viewing any of its content, or submitting any information, you signify your acceptance of, and agree to legally be bound by, the terms and conditions within the Terms of Use and Realty Holdings’ Privacy Policy, which explains our use of your information and which is incorporated herein by reference (the Terms of Use and the Privacy Policy are sometimes referred to collectively as the “Policies”), and all other rules, procedures or policies that may be published or updated by Realty Holdings at any time without notice to you. If you do not agree to be bound by the Policies, please immediately discontinue your use of the Website and erase any information you obtained from the Website from the hardware memories and storage devices of any medium on which such information has been stored and destroy any printed information obtained from the Website.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AND DISPUTE RESOLUTION TERMS SET FORTH BELOW CAREFULLY, AS THEY REQUIRE YOU TO RESOLVE DISPUTES WITH REALTY HOLDINGS ON AN INDIVIDUAL BASIS. BY USING, VISITING OR ACCESSING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE AND THE PRIVACY POLICY AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Realty Holdings shall have no obligation to notify you of any changes to the Policies other than by posting such modifications on the Website. Therefore, you should and agree to review the Terms of Use and the Privacy Policy on the Website each time you use the Website. You can determine when the Policies were last revised by referring to the “Last Updated” legend at the top of this page. You agree that Realty Holdings will not be liable to you or to any third-party as a result of any such modification, suspension or discontinued access to the Website. Your continued use of the Website after any changes to the Policies have been published on the Website or otherwise provided to you constitutes your acknowledgement of, and binding agreement to, the then-current Policies. We also encourage you to print out a copy of the Policies from the Website for review and reference. In any event, the resolution of any disagreement between you and Realty Holdings resulting from your use of the Website will be governed by the Policies in effect at the time the events causing such disagreement occurred.

These Terms of Use apply to all users and visitors to the Website. These Terms of Use do not extend to any unaffiliated third-party websites that may be accessed through the Website, and you are cautioned to consult the terms and conditions governing the use of any such unaffiliated third-party websites.

Realty Holdings further reserves the right, in its sole discretion, to (i) discontinue or otherwise block your access to and use of any aspect or component of the Website at any time for any reason, or (ii) terminate your access to any specific content, services or events, if Realty Holdings learns that you have provided false or misleading information or have violated the Policies or any other agreement with Realty Holdings, or if Realty Holdings determines in its sole discretion that it is otherwise necessary or appropriate to do so.

Please also be aware that the terms and conditions of the Policies are in addition to any other agreements of any kind, without limitation, between you and Realty Holdings or any of its affiliates. The Terms of Use does not modify in any manner the terms or conditions of any other agreement you may have with Realty Holdings or any of its affiliates. If you do not agree to all the terms and conditions of the Policies, you are not eligible to and are not authorized to use the Website. The Terms of Use applies to all users of the Website and visitors to the Website, who by any means, and in any manner, use the Website or any other tools or services provided by Realty Holdings (in each case, a “User”). Nothing within or implied by the Terms of Use shall be deemed to confer on or provide any rights to any Users or third-parties.

ELIGIBILITY TO USE THE WEBSITE

The Website is available only to adults over 18 years of age who are residents of the United States, its territories and possessions (or elsewhere where it is legal for you to access the Website and at least the legal age in your location). By using, accessing or viewing the Website, you affirm that you are an individual at least 18 years of age and of legal age in your location to form a binding agreement, and that all information you provide is factual, correct and truthful, and that you are a resident of the United States or its territories and possessions (or elsewhere where it is legal for you to access the Website). If you do not meet the foregoing criteria, please do not use the Website. Realty Holdings may, in its sole and absolute discretion, refuse to provide access to the Website, or accept a request for services from, any person or entity. The Website, and any offer by Realty Holdings or any Realty Holdings affiliate, will not be available to any person or entity whose access to the Website has been suspended, or whose information has been removed from the Website, by Realty Holdings. By entering in or providing any information to, the Website, or accessing any information within the Website, you represent that your right to access the Website has not previously been denied or suspended.

Each user shall be required to provide, among other things, a valid email address, mail address and a telephone number capable of receiving and replying to a text communication. In providing your email address, mail address and telephone number at which you may receive a text communication, and agreeing to the Policies, each user consents to receiving email and mail notices, telephone and/or text communications from Realty Holdings employees, agents or affiliates regarding services and products available from Realty Holdings or any Realty Holdings affiliate, including if your phone number may be listed on any state or federal Do-Not-Call list and/or if your phone service charges you to receive calls.

Persons who reside outside of the United States or its territories and possessions are allowed access to the services available through the Website or from a Realty Holdings affiliate only if such access complies with, and does not violate, the laws of the country in which they reside. Any information or offer of services made available within the Website is not offered to, is not provided to and may not be used by any person or entity within any jurisdiction or territory where any provision of such information, or use of such information or services, would conflict with any relevant laws, regulations or rules of any government agency or authority, or anywhere Realty Holdings or its affiliates or agents are not allowed to distribute and provide such information or make any such offer or provision of services available through the Website. Services which may be offered within the Website may not be available in all jurisdictions or to all home sellers or home buyers.

UNAUTHORIZED USE AND MISUSE

Unauthorized use of the Website, including, but not limited to, unauthorized access of the Website, the misuse or sharing of any of the content within the Website, or your password or misuse of any other information by you, is strictly prohibited. You may not use the Website in any manner, or by any means, that could harm, disable, damage, impair, overburden, inhibit, slow or negatively impact the Website or interfere with any other party’s use of the Website. You agree to not engage in any activities through the Website that conflict with any applicable laws, rules or regulations. You will be liable for any losses incurred by Realty Holdings, its affiliates or others as a result of any unauthorized use of your password or unauthorized access to the Website.

In addition, you agree that you are solely responsible for any unauthorized use of the Website as a result of anyone using your password before you have provided us with proper notice pursuant to the Policies and we have been provided with a reasonable opportunity to respond to and take action pursuant to such notice by you to Realty Holdings. We reserve the right in our sole and absolute discretion to cancel or suspend your access to the Website and/or your password, even if we receive no notice from you, if we ever suspect that your password is being used in any suspected to be unauthorized or fraudulent manner. You alone are responsible for preserving the confidentiality of your information and password, and you agree to promptly report to us any suspected unauthorized or possibly suspicious activity involving your password by email at Security@HomeProgram.com. You may also be responsible and liable to Realty Holdings for any losses we may incur or others may incur due to any such unauthorized use of your password or access to the Website.

PROHIBITED AND RESTRICTED WEBSITE ACTIVITIES

You acknowledge and agree that you alone are fully responsible for your conduct while you are viewing or using any component of the Website and for anything that occurs as a result of your use of the Website. You agree that it is your responsibility to, and that you will, use the Website exclusively for legal, authorized and legitimate purposes in compliance with the Policies and any applicable federal or state laws, rules and regulations, including with no limit any other United States federal or state laws, regulations and rules that may be applicable, any anti-discrimination laws, any consumer protection and unfair competition laws or regulations and any foreign laws, rules or regulations that may be applicable. With no limit on the following, and for illustrative purposes only, you agree to never:

  • Alter or modify any part of the Website, or any of its related technologies.

  • Use the Website for any prohibited commercial purpose, including without limitation:

– the sale of access to the Website or related services on another website or service;

– use of the Website or related services for the purpose of gaining advertising or subscription revenue; or

– the sale of advertising, on the Website or any third-party service, without the prior written authorization of Realty Holdings.

  • Use or launch any automated system, including without limitation, “robots”, “spiders”, “site search or retrieval tools”, “offline readers” or any tool such as or similar to maillist or listserv, or any other device or tool to retrieve or index any component, part or portion of the Website or its content or to retrieve or collect information about users of the Website, or that accesses the Website in any manner that sends more request messages to the Website servers in a given period of time than a human could possibly send using no automated tools, or that could damage, disable or impair the Website or in any manner or by any means interfere with any other’s use of the Website. Notwithstanding the foregoing, Realty Holdings grants the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Realty Holdings reserves the right to revoke these exceptions either generally or in specific cases.

  • Collect or harvest any Personal Information (information that can be used to identify a specific individual), including without limitation, account names, from the Website.

  • Use the Website for any unlawful purpose, including without limitation, the provision or solicitation of any unlawful or prohibited services, products, or materials, or in any manner in violation of any federal or state laws or regulations or rules or comparable foreign laws, rules or regulations.

The information and Content at the Website is made available to you “as is” for your information and personal use solely as intended through the normal functionality of the Website, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under the Policies. Realty Holdings reserves all rights not expressly granted in and to the Website and the Content. Except as explicitly provided by the Policies, your use of the Realty Holdings Content (as defined below) is strictly prohibited.

In addition, when using the Website, you may not:

  • Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Website or any portion thereof without Realty Holdings’ prior written consent, including but not limited to any information about any offer of services.

  • Engage in conduct, during use of the Website, that is unlawful, threatening, stalking, harassing, abusive, fraudulent, defamatory, libelous or invasive of the legal privacy or publicity rights of others.

  • Transfer or assign any rights granted to you by Realty Holdings.

  • Breach or attempt to breach, circumvent, disable or in any manner or by any means interfere with any authentication or security methods used for the Website including but not limited to technology used to prevent or limit sharing or copying of any information or content available at or through the Website or to restrict or prevent access to the information available at the Website or to the Website or any portion thereof, or any other systems or technology by any means connected to the Website.

  • Alter, modify, interfere or disrupt the content or functioning of the Website through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, defects, destructive tool of any kind, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the Website or any data contained therein; or (ii) disproportionately burdens the operation of the Website.

  • Use the Website or any other methods or means to gain unauthorized entry or access to other computer systems or networks or non-public portions of the Website to which you are not explicitly authorized to access whether they stand alone or are connected to the Website, by any means, including but not limited to password mining, hacking or by any other methods or means, or use the Website for any other purpose not explicitly authorized under the Policies.

  • Mirror” the Website or any of its content on any other server without the express prior written permission of Realty Holdings, or contact through the Website any person or third party other than as authorized by Realty Holdings, or take any action that may result in a disproportionate or unreasonable, in Realty Holdings sole discretion, burden on the technology systems and infrastructure of Realty Holdings or its third-party service providers, or that generates any form of spam.

  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the Website.

YOUR ACCOUNT INFORMATION

If you register to gain access to the Website, or gain access to the Website, you agree to always (i) provide truthful, correct, complete and up-to-date information as may be requested during and following your registration to gain access to the Website (“Personal Information”); (ii) preserve and protect the privacy of your identification and password; (iii) keep up-to-date and always timely maintain your Personal Information, and all other information you give to Realty Holdings, to keep it correct, up-to-date and complete; and (iv) accept any and all risks of unapproved access to your Personal Information and any other data or information you give to Realty Holdings.

ACKNOWLEDGEMENT OF PROPRIETARY RIGHTS

Other than the materials that have been licensed by a third party for use by Realty Holdings, the materials and information published on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, documents, images, interactive features and the like (the “Content”), are the proprietary property of Realty Holdings, which may be protected by copyrights, trademarks, service marks, patent, trade secret and/or other proprietary rights and laws of the United States and of other countries. Realty Holdings owns and retains all rights in and to the Content. You acquire no rights or licenses to the Content or to receive monetary or any other form of compensation in association with the Content other than the limited rights to use it in accordance with the Terms of Use, and you agree to abide by all posted copyright notices or restrictions relating to the Content. The Content may not be downloaded, copied or modified except for such personal, noncommercial use, as may be authorized by license or by fair use or other provisions of copyright law. Other than as explicitly authorized by the Terms of Use, without the prior written permission of Realty Holdings or any other copyright owner, you may not display, edit, modify, copy, publish, translate, sell, transmit, broadcast, share, distribute, present or otherwise use in any manner any Content or property owned by any other party that appears at or is available through the Website. You expressly acknowledge that Realty Holdings does not control, is not responsible for, and makes no guarantee, warranty or representation related to the quality, accuracy, usefulness, reliability, security, legitimacy, non-infringement or safety of any Content. If you are ever exposed to any form of content on, or available to you through, the Website that you may find incorrect, indecent, offensive, objectionable, inaccurate or unlawful, you agree to, and hereby do, waive any equitable or legal rights or remedies of any kind or nature related to such content you have or may have against Realty Holdings.

COPYRIGHT

All content on the Website, including all text, graphics, artwork, logos, icons, images, audio clips and video clips, is the copyrighted property of Realty Holdings and/or its affiliates, or of other content suppliers, and is protected by U.S. and foreign copyright laws and international conventions. Except as allowed in the Terms of Use and Service, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means, without the prior written permission of Realty Holdings or any other copyright owner. Realty Holdings does not allow the infringement of any party’s intellectual property rights on the Website, and Realty Holdings will remove any content it suspects infringes on any copyright upon receipt of notification that such content infringes on any third party’s intellectual property or other rights. If you have reason to believe that your property or any portion thereof has been copied in any manner that constitutes the infringement of any copyright or other right you may have, or that any material on or available through the Website violates the Terms of Use or your intellectual property rights, please notify Realty Holdings as soon as possible by sending an email to Legal@RealtyHoldingsUSA.com, and please be sure to include the following information according to the Digital Millennium Copyright Act, a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and please also see the U.S. Copyright Act, 17 U.S.C. §512©(3) which is related to limitations on liability relating to material online and confirm these requirements with your legal counsel: (i) a physical or electronic signature of a person who is authorized to act for the owner of any copyright interest; (ii) an accurate description of the work that may be copyrighted that you are claiming was infringed; (iii) the location on the Website of the material that you claim is being infringed that will enable Realty Holdings personnel to find the material; (iv) your street address, phone numbers and email address; (v) your statement in which you inform us that you have a reasonable belief that the use you are contacting us about has not been permitted by the owner of the copyright, their agent, or the laws of the United States; and (vi) a declaration by you that the information you are providing is, to the best of your knowledge, correct and, under penalty of perjury, that you are indeed the copyright owner or have been authorized to act for the copyright owner. Pursuant to Section 512(c)(2) of the Digital Millennium Copyright Act, Realty Holdings designates the following to receive any notifications of any claimed infringement of any copyrighted material: Thomas C. Brown Legal@HomeProgram.com

You agree that if you do not comply with all requirements, your Digital Millennium Copyright Act notice may be invalid. You may not reproduce, sell or distribute the information provided to you in or through this Website. Your use of this Website remains subject to the Privacy Policy which is expressly incorporated herein. Realty Holdings may terminate your access to this Website for any reason, at any time, with or without notice to you.

LINKS TO OTHER WEBSITES

This Website may contain links to websites or resources on the world wide web operated by others. Such links are provided for your reference and convenience only. A link to another website does not imply or mean that Realty Holdings endorses the content on that website or the operator or operations of that website. You are solely responsible for determining the extent to which you may use any content at other websites. You agree not to hold Realty Holdings responsible for the content or operation of other websites. If you visit websites or resources of third parties unrelated to Realty Holdings, you must do so at your own risk. Any such third-party websites or resources are not controlled by Realty Holdings, and by accessing the Website you agree that Realty Holdings is in no way responsible for or liable for the information, content, statements, functions, legality, lawfulness, legality, truthfulness, appropriateness, validity or any other characteristic of such third-party websites or resources. The presence in the Website of any link to any third-party website, content or resources does not suggest any relationship, association, endorsement, affiliation or sponsorship with or by those who publish or make available any such third-party website or content. You also acknowledge and agree that Realty Holdings, directly or indirectly, shall not be responsible for or in any manner liable for, any damages or losses resulting from or possibly resulting from your or any other party’s use of or reliance upon on any resources, information, guidance, advice, products or services available on or through any such third-party website or resource.

This Website may not be linked to in a way that causes the pages of or any content from the Website to be displayed within a frame on a third-party website, or otherwise displayed on a browser screen accompanied by advertising or other content not found on the Website. The fact that a third party provides a link to the Website does not indicate that an endorsement, agency, joint venture, or similar relationship exists between Realty Holdings and such third party.

ACCOUNT TERMINATION POLICY

Realty Holdings retains the right, in its sole discretion, at any time and for any reason (with or without cause and with or without notice to you) to terminate or suspend your ability to access any part of or all of the Website, effective immediately, if we determine, in our sole discretion, that you have taken any action that we believe is a breach of the Terms of Use. In addition, you should be aware that the Terms of Use in many ways are predicated upon components of federal and state law, rules and regulations. Users who act in violation of the Terms of Use may be in violation of such federal or state laws, rules or regulations, and could be exposed to criminal charges and under civil law could be liable to any parties who have been harmed, including and not limited to, compensatory damages, attorney’s fees, and other possible sanctions or damages. Realty Holdings reserves the right to divulge any information it deems necessary at any time to satisfy any applicable law, rule, regulation, legal process, subpoena or governmental request within any jurisdiction, federal, state or outside of the United States.

CHANGES IN POLICIES

Realty Holdings reserves the right to, at any time, with no advance notice to you, in our absolute and sole discretion, update, correct, modify, replace, change or amend any of the terms and conditions of the Policies or the Program. When we do, we will also revise the “effective date” on the Privacy Policy or the Terms of Use. Any modification of the Policies will be a part of the Policies and any agreements between you and Realty Holdings, and any such modifications will be automatically effective as soon as such modifications are published at the Website. We encourage you to periodically review the Privacy Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this Website constitutes your agreement to the Policies, as updated and amended from time to time. Realty Holdings may also choose to limit your use, in its sole discretion, of any or all capabilities of the Website or limit your access to any or all of the Website with no advance notice or any liability whatsoever. Your ongoing access to and use of the Website after the publishing of any changes or modifications or amendments to the Policies establishes your acceptance of any such changes or modifications.

NO WARRANTY; LIMITATION ON LIABILITY

YOU AGREE THAT THIS WEBSITE AND ANY CONTENT OR PRODUCTS OBTAINED OR ACCESSED BY YOU AT OR THROUGH THIS WEBSITE, AND UNLESS OTHERWISE EXPLICITLY STATED BY REALTY HOLDINGS ARE PROVIDED ON AN “AS-IS” BASIS AND “AS AVAILABLE” BASIS, AND ARE AT AND WILL BE AT YOUR SOLE RISK. REALTY HOLDINGS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION PUBLISHED HEREIN. REALTY HOLDINGS HAS NO CONTROL OVER AND NO RESPONSIBILITY TO TAKE ANY ACTION RELATED TO AND MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OR CLARITY OF THE CONTENT AVAILABLE AT OR THROUGH THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, REALTY HOLDINGS, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND NO WARRANTY RELATING TO THE COMPLETENESS, ADEQUACY, TIMELINESS, OR ACCURACY OF ANY INFORMATION ON THE WEBSITE OR AVAILABLE THOUGH THE WEBSITE OR COMPLIANCE WITH UNITED STATES FEDERAL LAWS, RULES OR REGULATIONS AND STATE LAWS, RULES OR REGULATIONS OR SIMILAR LAWS, RULES OR REGULATIONS OUTSIDE OF THE UNITED STATES. No Realty Holdings or affiliates’ employee, agent, manager, officer, director or representative or any third party is authorized to create any warranty of any kind not expressly made in the Terms of Use, including but not limited to accuracy, correctness and reliability.

REALTY HOLDINGS AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY RESPONSIBILITY OR DUTY TO YOU AND WITHOUT LIMITING THE FOREGOING IN ANY MANNER WHATSOEVER, REALTY HOLDINGS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING THE MERITS AND RISKS OF ANY OPPORTUNITY OR SERVICES AVAILABLE BY USING OR ACCESSING THE WEBSITE. AS WITH THE ANYTHING, YOU SHOULD ALWAYS USE YOUR OWN DISCRETION AND CAUTION WHENEVER APPROPRIATE FOR YOUR BENEFIT AND PROTECTION.

Access to the Website may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. If access to this Website is unavailable or delayed at any time, you agree to use alternative means to obtain information from Realty Holdings, such as by contacting a Realty Holdings Member Services representative at 833-501-3300. Realty Holdings will not be liable to you or any other party in the event any information or any online service otherwise available through the Website becomes unavailable.

REALTY HOLDINGS AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS DO NOT WARRANT AND ARE NOT RESPONSIBLE FOR:

  • INACCURATE OR INCOMPLETE CONTENT, ERRORS OR MISTAKES

  • ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DUE TO ANY USE OF ANY OF THE CONTENT PUBLISHED, TRANSMITTED, EMAILED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE

  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION STORED WITHIN, THEFT, OPERATOR ERROR, SEVERE WEATHER, EARTHQUAKES, OR OTHER NATURAL DISASTERS OR LABOR DISPUTES

  • THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; TELEPHONE NETWORK ISSUES; THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WIOTH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; PROBLEMS WITH COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE;

  • PROPERTY DAMAGE, damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Website, or any PERSONAL INJURY, OF ANY KIND OR NATURE WHATSOEVER, AS A RESULT OF YOU ACCESSING OR USING THE WEBSITE OR PRODUCT OR SERVICE YOU PURCHASE THROUGH THE WEBSITE

  • ANY VIRUSES, BUGS, ERRORS, TROJAN HORSES, OR ANYTHING SIMILAR THAT MAY BE TRANSFERRED THROUGH OR TO THE WEBSITE BY ANY THIRD PARTY, OR CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE

  • REALTY HOLDINGS DOES NOT WARRANT, GUARANTEE, ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY INFORMATION, SERVICE, OFFER OR PRODUCT MARKETED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE AND REALTY HOLDINGS IS NOT AND WILL NOT BE IN ANY MANNER RESPONSIBLE FOR ANY COMPONENT OF OR MONITORING OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY. REALTY HOLDINGS DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT USE OF THE WEBSITE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE WEBSITE.

  • SOME STATES’ LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

LIMITATION OF LIABILITY

IN NO EVENT WILL REALTY HOLDINGS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, PUNITIVE, SPECIAL OR INDIRECT DAMAGES WHATSOEVER ARISING OUT OF USE OF THE WEBSITE OR PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, REGARDLESS OF WHETHER OR NOT REALTY HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE WEBSITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR SOLE REMEDY IS TO STOP USING IT. In no event will the liability of Realty Holdings or its affiliates, successors or assigns, or any of their officers, directors, managers, employees or agents, be greater than $100. These limitations of liability will apply without regard to the cause or causes thereof, strict liability, regulatory or statutory liability, breach of warranty (express or implied), any theory of tort, breach of contract or the negligence of any party or parties, whether such negligence be sole, joint or concurrent, active or passive.

THE ABOVE LIMITATIONS ON LIABILITY AND ANY POSSIBLE DAMAGES ARE APPLICABLE TO ANY DAMAGES WHATSOEVER OF ANY KIND RESULTING FROM ANY:

  • INACCURATE OR INCOMPLETE CONTENT, ERRORS OR MISTAKES

  • DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, INDECENT, OBJECTIONABLE CONTENT OR ILLEGAL ACTIVITY OF ANY THIRD PARTY TO WHICH YOU MAY BE PROVIDED ACCESS; OR ANY LACK OF quality, accuracy, usefulness, reliability, security, legitimacy, safety or intellectual property rights of any content

  • PROPERTY DAMAGE, DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE WEBSITE, OR ANY PERSONAL INJURY, OF ANY KIND OR NATURE WHATSOEVER, AS A RESULT OF YOU ACCESSING OR USING THE WEBSITE OR ANY PRODUCT YOU PURCHASE OR SERVICES YOU REQUEST THROUGH THE WEBSITE

  • LOST PROFITS, ANY DATA LOSS, ANY COST OF OBTAINING ALTERNATIVE GOODS OR SERVICES REGARDLESS OF HOW SUCH LOSSES OR COSTS RESULT

  • LOSSES THAT RESULT FROM ANY Unauthorized use of YOUR ACCESS TO OR YOUR ACCESS TO the Website, including, but not limited to, unauthorized access into THE Website and our SYSTEMS OR our affiliates’ systems, the misuse or sharing of any of the content, any personal information within the Website or our servers, or misuse of any information; YOU MAY BE LIABLE FOR ANY LOSSES SUFFERED BY REALTY HOLDINGS OR THIRD PARTIES AS A RESULT OF ANY UNAUTHORIZED USE INVOLVING YOUR ACCESS, PASSWORD OR ACCOUNT

  • INTERRUPTION OF, PREVENTION OF, OR LACK OF access to or LIMITED CAPABILITY TO use OR ACCESS our secure servers or any personal information stored within OUR SERVERS OR SYSTEMS

  • VIRUSES, BUGS, ERRORS, TROJAN HORSES, OR ANYTHING SIMILAR THAT MAY BE TRANSFERRED THROUGH OR TO THE WEBSITE BY ANY THIRD PARTY, OR CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, AND/OR DAMAGES OF ANY KIND RESULTING FROM ERRORS OR OMISSIONS IN ANY CONTENT OR DUE TO ANY USE OF ANY OF THE CONTENT PUBLISHED, TRANSMITTED, EMAILED OR OTHERWISE MADE AVAILABLE TO YOU AT OR THROUGH THE WEBSITE

Some FEDERAL OR states’ laws may not allow limitations on OR EXCLUSIONS OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. IN ANY SUCH CASES, REALTY HOLDINGS LIABILITY WILL BE EXPLICITLY LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

THE ABOVE LIMITATIONS OF ANY LIABILITY SHALL APPLY TO THE GREATEST EXTENT ALLOWED BY LAW IN THE RELEVANT JURISDICTION. THESE LIMITATIONS OF LIABILITY SHALL ALSO APPLY REGARDING DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF ANY PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED TO YOU THROUGH ANY THIRD-PARTY WEBSITES AVAILABLE THROUGH THE WEBSITE OR OTHERWISE PROVIDED TO YOU BY THIRD PARTIES AND THAT YOU RECEIVE BY ACCESSING THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.

INDEMNITY

To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Realty Holdings and its affiliates, successors and assigns, and each of their officers, directors, employees, managers and agents, from and against all claims, losses, expenses, damages, obligations, liabilities and costs or debt, including but not limited to reasonable attorneys’ fees and costs, arising out of, due to or relating to (a) your use of the Website, or the materials or services made available through the Website; (b) your violation of any aspect, term or condition of the Policies; or (c) your infringement or any third party’s infringement of any intellectual property rights of Realty Holdings or any third party using your access or password. This obligation will survive the Terms of Use and your use of the Website. Realty Holdings maintains the exclusive right, in its sole and absolute discretion, to undertake the exclusive control and defense of any action otherwise subject to your indemnification of Realty Holdings.

USE OF WEBSITE OUTSIDE OF THE UNITED STATES

Accessing the Website is explicitly prohibited from any jurisdiction in which the Website and any content within or available through the Website is illegal. If you access the Website from within any location outside the United States, you do so by your own choice and you alone are responsible for complying with any and all laws, rules and regulations within such jurisdiction from which you access the Website.

GOVERNING LAW; ARBITRATION

You agree that any disputes arising out of or related to the Terms of Use or your use of the Website shall be governed by and construed and enforced in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

Any dispute arising out of or relating to the Terms of Use, or any breach thereof, shall be finally resolved by binding arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules. Any final judgment upon the award being rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be conducted using the English language, and shall be before a single arbitrator in New York. Any arbitration must be initiated within one (1) year after the claim or cause of action arises. Any cause of action resulting from or connected to the Website or your use thereof, and all products or services offered to you at or through your use of the HomeProgram.com Website must commence within no more than one (1) year after the cause of action accrues. One year after the action accrues, any such cause of action is forever barred. Any election to arbitrate by you or Realty Holdings to arbitrate will be final and binding on the other party. YOU UNDERSTAND THAT NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. By using, visiting or accessing the Website, you expressly acknowledge and agree that you have read and understand all of the Policies and have taken time to consider the consequences of this important decision.

Notwithstanding the foregoing, you and Realty Holdings may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, nothing in this arbitration provision will prevent either you or Realty Holdings from seeking injunctive or other equitable relief on an individual basis in a federal or state court located in the County of New York, New York or the United States District Court for the Southern District of New York, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

You and Realty Holdings agree that any arbitration will be limited to the dispute between Realty Holdings and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND REALTY HOLDINGS HEREBY EACH WAIVE THE RIGHT TO, AND MAY NEVER, PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND THAT YOU OR REALTY HOLDINGS MAY ONLY BRING ANY POSSIBLE CLAIMS IN AN INDIVIDUAL CAPACITY. Further, unless both you and REALTY HOLDINGS otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

You and Realty Holdings agree that for any dispute not subject to arbitration, or where no election to arbitrate has been made, the state and federal courts located in the County of New York, New York or the United States District Court for the Southern District of New York, have exclusive jurisdiction and you and Realty Holdings agree to submit to the personal jurisdiction of such courts. You agree that the Website is a passive service that does not give rise to personal jurisdiction over Realty Holdings or its affiliates or their members, directors, officers, managers, agents or employees, either specific or general, in jurisdictions other than as described above.

CONSENT TO EMAIL COMMUNICATIONS

If you register to access the Website or have any relationship with Realty Holdings, you agree that we or our affiliates, or our or their officers, directors, agents, employees or managers may send e-mails to you regarding our relationship, or agreements. Realty Holdings may also send e-mails to you about services and products we believe may be of interest to you. You may opt-out of future promotional e-mails by following instructions contained in an e-mail that you receive from us. We reserve the right, however, to e-mail you important information relating to your account or any products you may purchase or services you may request through your use of the Website or as a result of your use of the Website or our relationship, including legally required communications, or other information connected with the Website, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You agree that you are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you have provided to us. We may communicate any necessary notices or provide any necessary information by posting such information on the Website or by sending such information to the email address you provided during your registration to enter the Website or thereafter. If you choose to terminate your agreement to receive information from us electronically, you agree to and must terminate your access to and use of the Website. Except as unequivocally stated otherwise, any legal notices must be served, related to Realty Holdings, the Website or the Policies, to Legal@HomeProgram.com.

Pursuant to the Electronic Communication Privacy Act (18 USC Secs. 2701-2711), you must be aware of the following notice: Realty Holdings provides no guaranty of the confidentiality or privacy of any individual communications or group of communications or of information transmitted on or through the Website or any other website linked to from or through the Website. Realty Holdings will not be liable for the privacy of your email addresses, registration information, identification information, disk space, communications, confidential or trade-secret information, or any other content stored on any Realty Holdings or on any affiliates or vendors’ servers, hard drives, or other equipment, or any such data transmitted over or through networks accessed or used by the Website, or otherwise associated with your access to or use of the Website.

MISCELLANEOUS PROVISIONS

The Terms of Use and any other notices sent to you by email or published at the Website (and any written agreements, if applicable) state the entire agreement between you and us concerning the Website or your access of or use thereof, and supersedes all prior or contemporaneous communications, agreements and understandings between Realty Holdings and you with respect to the subject matter hereof. Neither the Terms of Use, nor any written agreement(s) may be amended or modified except through a written agreement signed by an officer of, or officer of the Manager of, Realty Holdings.

You may not transfer or assign, either in whole or in part, any of the obligations, rights or interests under the Terms of Use without the prior written consent of Realty Holdings and any attempted or purported assignment without such consent shall be null and void. The Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns. Realty Holdings reserves the right to assign at any time, in whole or in part, its rights and obligations under the Terms of Use without any restriction whatsoever.

No waiver of any provision of the Terms of Use or of the rights and obligations of the parties shall be effective unless in writing and signed by the party waiving compliance or signed by a duly authorized representative thereof. Any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing and any failure by Realty Holdings to enforce any of its rights or any provision of within the Terms of Use will not constitute any waiver of any future enforcement of any such right or provision or any other right or provision.

The headings, titles, captions, and sections contained in the Terms of Use are provided for convenience of reference only and shall not be considered a part hereof for purposes of interpreting or applying the Terms of Use; such titles or captions do not define, limit, extend, explain, or describe the scope or extent of the Terms of Use or any of the terms, provisions, representations, warranties, conditions, etc. therein, in any manner or way whatsoever.

If any clause or provision of the Terms of Use, or a portion thereof, is invalid or unenforceable for any reason, that clause or provision, or such portion thereof that may be unenforceable or invalid for any reason, shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall remain valid and fully enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. If any provision or clause of the Terms of Use shall be deemed by a court to be unlawful, void, or for any reason unenforceable, then that provision or clause alone will be deemed to be severable from the Terms of Use and will not affect in any manner whatsoever the validity and enforceability of any remaining provisions or clauses of the Terms of Use.

If you purchase any products or request any services through the Website, you authorize Realty Holdings to treat your application, registration, electronic signature or request as if it had been made in writing and signed by you.

Realty Holdings uses passwords to prevent unauthorized access to certain areas of the Website. If you have been granted access to any such area, you agree to comply at all times with any security or operating procedures that Realty Holdings establishes. You will be responsible for the confidentiality and use of your user name, password and other security-related identifiers. You agree not to hold Realty Holdings or any of its affiliates liable for any damages of any kind resulting from your decision to disclose your user name or password to any third party. You will be responsible for any access to this Website made under your user name and password. You agree to immediately notify us if you become aware of any loss or theft of your user name or password or of any unauthorized use of your user name or password or of the Website, any information therein, or any online services offered through the Website. We may suspend or cancel your access to the restricted areas within the Website if we suspect the Website is being used in an unauthorized manner.

If you need assistance with the Website, the Program or with any product or service or information provided through use of the Website, or if you need to communicate with Realty Holdings, write to us at: Contact@HomeProgram.com. You agree that we may record the conversations our employees, agents or affiliates have with you. We may do this from time to time to monitor the quality of service and accuracy of information our employees, agents or affiliates give to you.