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Terms of Use

Welcome to Cashbackrealestate.com (operated by Compelling Trends LLC and its affiliates, collectively, “Compelling Trends Group”). By using Compelling Trends Group’s websites, networks, mobile applications, or other services provided by Compelling Trends Group in any way (collectively, the “Services”), or accessing any content provided by Compelling Trends Group through the Services, you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).
PLEASE NOTE: THESE TERMS OF USE CONTAIN A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THESE TERMS OF USE (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS) AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MAY NOT USE OR ACCESS THE SERVICES.

1. Compelling Trends Group’s Role. COMPELLING TRENDS GROUP DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. COMPELLING TRENDS GROUP IS NOT A FINANCIAL OR REAL ESTATE BROKER. COMPELLING TRENDS IS A MARKETING SERVICE THAT MATCHES POTENTIAL BUYERS OF REAL ESTATE WITH LOCAL REAL ESTATE AGENTS. Compelling Trends Group’s business is primarily funded through: i) monthly subscriptions; ii) pay-per-lead subscriptions; and iii) third party advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Compelling Trends Group may serve advertisements based on the information we collect through the Services. Read our Privacy Policy for more information about how information is collected and used. Compelling Trends LLC does not have a broker’s license in any state, but its affiliates may. Compelling Trends Group does not: (a) act as a real estate agent or broker for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property; or (d) collect a brokerage commission or referral fee from any real estate agent or broker related to any sale, purchase, or lease of real property. Compelling Trends Group assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services. Nothing contained in any Services is an offer or promise by Compelling Trends Group to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Compelling Trends is an independent contractor providing marketing services and the Services and these Terms of Use do not create a partnership, joint venture, or agency relationship of any sort.

2. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with Compelling Trends LLC Or cashbackrealestate.com
Compelling Trends does not permit you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.

3. Use of the Services; Restrictions.

A. Use of the Services. As long as you comply with these Terms of Use, Compelling Trends Group grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App (as defined in Section 3.B. below) on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you are a “Professional User” and you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Professional Use”). If you use the Services for a Professional Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services.

B. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. Compelling Trends Group does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for which you are solely responsible. Compelling Trends Group may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.

C. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use or Professional Use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, any aggregate level data provided on this website (the “Aggregate Data”) may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as Compelling Trends Group is cited as a source on every page where the Aggregate Data is displayed, including “Data Provided by Compelling Trends Group” or similar language. Such cite may not include a Compelling Trends Group logo without Compelling Trends Group’s prior written approval or imply any relationship between you and Compelling Trends Group beyond Compelling Trends being a source of the Aggregate Data. Compelling Trends obtains Aggregate Data from, and in reliance on, various public and non-public sources and does not warrant the accuracy of the Aggregate Data. You should only rely on your own research and the information provided by your licensed professional representative (e.g. your real estate agent or lawyer). Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary and you should always check market sources before making business decisions.
MLS Terms of Use
Before proceeding to view the content made available through the Services, you must acknowledge:

⦁ You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
⦁ You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS’s copyright to such data.

Houston Association of Realtors Multiple Listing Service (HARMLS) Copyright © 2018, Houston Realtors Information Service, Inc. All information provided is deemed reliable but is not guaranteed and should be independently verified.
Any estimate of value was prepared using automated processes and should not be considered a comparative market analysis (CMA) or appraisal.

D. Professional Users. In using the Services, all Agents and others using the Services for Professional Use warrant and agree to the following:

i. You are a real estate salesperson or broker with a current and valid license, of legal age, and capable of forming a legally binding contract;
ii. Only experienced real estate professionals can be part of Compelling Trends Group’s network unless approved by management. You must have one or more years experience in your local market area to assist sellers and buyers.
iii. You have individually either sold two (2) million in real estate sales or completed ten 10 transactions within the last twelve (12) months.
iv. All information you submit on the Services is true and complete and that you will maintain and promptly update your profile or other Information supplied to users.
v. As a professional user of the Services, you are not allowed to register or represent yourself as a prospective buyer or seller, even if your intention is to buy or sell property.
vi. You will not use the lead information and details obtained through the Services to locate, identify or directly contact a home seller or home buyer in any manner without first accepting these Terms of Use; vii. You have complied with all real estate licensing laws and have adequate and appropriate insurance coverage;
vii. All information you submit to customers about your services is your responsibility and not Compelling Trends Group’s offering of service;
viii. You will provide customers with all information and notices legally required with all real estate licensing and regulatory requirements applicable to real estate agents;
ix. Your products and services do not violate any applicable laws or regulations;
x. You must promptly maintain and update of any changes in your license status; Compelling Trends Group reserves the right to terminate the participation of any professional user for any reason at Compelling Trends Group’s sole discretion;
xi. You agree to use the Buyer Representation Agreement form provided by Compelling Trends Group, or a substantially similar form, except that a written buyer representation agreement must be used and any buyer representation agreement must include the provisions in the suggested form related to the Buyer’s Incentive, verbatim

4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:

A. reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
B. provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate professional or institution;
C. remove or modify any copyright or other intellectual property notices that appear in the Services;
D. use the Services for resale, service bureau, time-sharing or other similar purposes;
E. use the Services in any way that is unlawful, or harms Compelling Trends Group, its service providers, suppliers, or any other user;
F. distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
G. impersonate another person or misrepresent your affiliation with another person or entity;
H. reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Compelling Trends Group for a particular portion of the Services;
I. upload invalid data, viruses, worms, or other software agents to the Services;
J. interfere with, overburden, or compromise the system integrity or security of the Services, or otherwise bypass any measures Compelling Trends Group may use to prevent or restrict access to the Services;
K. conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
L. use any of Compelling Trends Group’s trademarks as part of your screen name or email address on the Services; or
M. attempt to, or permit or encourage any third party to, do any of the above.

5. Fees.

A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If Compelling Trends Group changes the fees for all or part of the Services, including by adding fees or charges, Compelling Trends Group will provide you advance notice of those changes. If you do not accept the changes, Compelling Trends Group may discontinue providing the applicable part of the Services to you. Compelling Trends Group’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Compelling Trends Group to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, Compelling Trends Group may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Compelling Trends Group to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If your card is not authorized or declined for any reason, you authorize Compelling Trends Group to attempt to re-process the card at later dates and times until successfully processed or until the termination of these Terms of Use or your use of the Service. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration, or a different payment you provide at a later date. Compelling Trends Group may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at: [email protected], or through the settings page for the paid feature.

6. User Materials.

A. User Materials; Grant of License. Certain portions of the Services may allow users to upload or otherwise provide to Compelling Trends Group images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Compelling Trends Group an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Compelling Trends Group will not owe or pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Compelling Trends Group may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Compelling Trends Group and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.

B. User Materials Disclaimer. Compelling Trends Group is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. Compelling Trends Group may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Compelling Trends Group’s sole judgment violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Compelling Trends Group with respect to User Materials. Compelling Trends Group expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Compelling Trends Group may investigate the allegation and determine in Compelling Trends Group’s sole discretion whether to remove the User Materials, which Compelling Trends Group reserves the right to do at any time and without notice.

7. 3rd Party/Linked Services/Sent information.

A. Generally. The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Compelling Trends Group’s control including but not limited to real estate agents that you may meet and work with through this web site (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Compelling Trends Group does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Compelling Trends Group may transfer theapplicable User Information or other information to the applicable third-parties, which are not under the control of Compelling Trends Group. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Compelling Trends Group is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

B. Additional Terms for Third Party Services. Certain aspects of the Services may include third-party tools that are subject to additional third-party terms. Such terms can be found on the web sites of such third parties and Compelling Trends Group has no control over such terms and makes no warranties or representations regarding such terms, except as expressly stated herein.

8. Intellectual Property. The Services are owned and operated by Compelling Trends Group. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Compelling Trends Group Materials”) provided by Compelling Trends Group are protected by intellectual property and other laws and are the property of Compelling Trends Group or Compelling Trends Group’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Compelling Trends Group Materials, and Compelling Trends Group reserves all rights to the Compelling Trends Group Materials and Services not granted expressly in these Terms of Use. Intellectual Property Notices: Certain content on the Services is owned by third parties. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Compelling Trends Group does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.

9. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Compelling Trends Group Materials (“Feedback”), then you hereby grant Compelling Trends Group an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.

10. DMCA; Claims of Copyright Infringement. Compelling Trends Group respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Compelling Trends Group’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

A. Identification of the copyrighted work that you claim has been infringed;
B. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
C. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
D. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent as follows:
By mail:
Compelling Trends LLC
1209 Orange St
Wilmington, DE 19801

Attention: Copyright Agent

By e-mail:
[email protected]
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

11. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting [email protected] If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Compelling Trends Group to use the Services will terminate automatically. In addition, Compelling Trends Group may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. Compelling Trends Group may alter, suspend or discontinue the Services or any portion of the Services without notice. Compelling Trends Group will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. Compelling Trends Group reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis with or without notice to you. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use, including by posting a notice on this Web site. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use and will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use, ideally each time you use this site.

12. Other Terms & Privacy Policy. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services. All such terms are incorporated into, and made a part of, these Terms of Use. Compelling Trends Group will collect, use, store, and disclose personal information in accordance with its Privacy Policy, which is incorporated into, and made a part of, these Terms of Use.

13. Indemnification. You agree to indemnify, defend, and hold harmless Compelling Trends Group, its affiliates, and their respective directors, officers, employees, principals, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; (g) any inaccuracy in the Services; and (h) any other party’s access (whether authorized or unauthorized) to and/or use of the Services using your account and password. Compelling Trends Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Compelling Trends Group’s defense of that claim. Your obligation to indemnify under these Terms of Use includes the obligation to advance reasonably anticipatable expenses to be incurred by Compelling Trends Group. THE INDEMNIFICATION PROVISIONS CONTAINED IN THESE TERMS OF USE SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED ON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LEGAL REQUIREMENTS AND REGARDLESS OF WHETHER ANY PERSON ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE OTHER PERSON AND INCLUDING ANY THEORY OF LIABILITY INCLUDING STRICT LIABILITY AND NEGLIGENCE.

14. No Warranties. COMPELLING TRENDS GROUP PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPELLING TRENDS GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. COMPELLING TRENDS GROUP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY COMPELLING TRENDS GROUP ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND COMPELLING TRENDS GROUP MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN THE EVENT OF PROFESSIONAL USE, COMPELLING TRENDS GROUP CANNOT GUARANTEE ANY SPECIFIC INCREASE IN TRAFFIC, LEADS, SALES, OR PROFITS AS MANY FACTORS OUT OF COMPELLING TRENDS GROUP’S CONTROL MAY CONTRIBUTE TO ITS SUCCESS OR FAILURE, INCLUDING THE AMOUNT OF EFFORT, ECONOMIC CONDITIONS, MARKET DEMAND, AND CONSTANTLY CHANGING SEARCH ENGINE ALGORITHMS.

15. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL COMPELLING TRENDS GROUP OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF COMPELLING TRENDS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPELLING TRENDS GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF COMPELLING TRENDS GROUP AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO COMPELLING TRENDS GROUP FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

16. Listings. Compelling Trends Group reserves the right to remove any content that violates any of Compelling Trends Group’s Terms of Use. In the event that Compelling Trends Group discovers a violation of any of Compelling Trends Group’s Terms of Use, Compelling Trends Group may remove all or certain portions of your listings from the Services, terminate your Compelling Trends Group account(s), restrict your access to the Services, and/or take any other action it deems appropriate.

A. Advertising and Claiming Listings.

i. Advertising Listings. Except as provided in this section 16.a.i., listings (regardless of the type) may only be advertised by the real estate Agent (the “Agent”) who is the contracted, exclusive listing Agent for such listing. A listing may also be advertised by the exclusive listing Agent’s broker owner or team lead. A broker owner or team lead that advertises a listing on behalf of the listing Agent must update their profile on the Services so it represents the team or company instead of an individual Agent. This can be done by changing the screen name and profile picture. Once a profile represents the office, permission from the listing Agent is also required for the broker owner or team lead to advertise another Agent’s listings.
ii. Claiming Listings. If you mistakenly claim a listing, you must promptly release such claim on the listing. If you mistakenly claim a listing that is provided to Compelling Trends Group via a data feed, you must promptly contact the source of the data feed to cancel the listing. You may also cancel a listing on Compelling Trends via the My Listings section of your Compelling Trends account. If you claim a listing that has already been claimed by another party, the original party will be notified. Please notify us at [email protected] if you believe that someone has erroneously claimed a listing on Compelling Trends. You can also use the “Report Listing” option at the top of the property page to request further investigation. In some instances, Compelling Trends Group may require that you provide the listing contract(s) that verify you have an exclusive right to advertise the listing. If Compelling Trends Group is unable to verify that you are the contracted, exclusive listing Agent, Compelling Trends Group may remove the listing(s) and/or your claim on the listing(s).
iii. Pocket Listings. As long as you are the contracted, exclusive listing Agent, you may advertise a pocket listing on the Services. Compelling Trends Group may require that you provide the listing contract(s) that verify you have an exclusive right to advertise the listing. If Compelling Trends Group is unable to verify that you are the contracted, exclusive listing Agent, Compelling Trends Group may remove the listing(s).
iv. Undisclosed Addresses. A complete address is required for Compelling Trends Group to investigate listings and maintain listing quality. Each listing posted directly via the Compelling Trends website must include a complete address, including the street number. If you do not want to disclose the address, you must use a syndication service that allows you to opt out of displaying the address online. If Compelling Trends Group is unable to verify a listing with an incomplete address, Compelling Trends Group may remove the listing at any time, without warning.
v. Prohibited Listings. The Services are limited to residential real estate. You may not use the Services to advertise commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, vacation rentals, and fractional ownership properties. You are not permitted to advertise “open” or “ok to advertise” listings on the services.

B. Limitations on Self-Promotion and Marketing. Compelling Trends Group restricts the inclusion of self-promoting information on listings and professional profile pages. This includes, but is not limited to, self-promotion on photos, in names and/or in listing descriptions.

i. Photos and Video Walkthroughs. You may not include marketing information, including, without limitation, an Agent’s name, company name, logo, phone number and/or email address on listing photos or in video walkthroughs, whether as text, a watermark, or otherwise.
ii. Listing Descriptions. You may not include marketing information, including, without limitation, an Agent’s name, phone number and/or email address within a listing description.
iii. Profile Name and Photo. You may not include contact information, or any promotional or marketing information (including a phone number, email address, website URL, promotional tagline or slogan, or discount offer) in your profile photo or as part of your name as it appears in your profile. Your name as it appears in your profile may not include titles, descriptions, or any information other than your name or your business or team name. You may not display a business or team name in your profile other than the official business or team name under which you formally provide services to clients both on and off of Compelling Trends. Compelling Trends may require you to provide documentation to support the foregoing.

C. Claiming Past Sales

i. Only the buyer’s Agent and the seller’s Agent identified in an MLS listing report are permitted to claim such listing as a past sale in their profile on the Services.
ii. Only one Agent can claim a particular side of a transaction. If a listing was co-listed, only one Agent will be eligible to claim the past sale in their profile on the Services.
iii. If the Agent is part of a team at the time of a transaction, the individual Agent is permitted to claim the corresponding listing as a past sale in their profile on the services, unless an agreement between the Agent and their team and/or brokerage indicates otherwise.

D. Listing Feeds.

i. Complete Data Set. Listing feeds that do not include a complete set of data that includes, without limitation, photos, listing description and home facts, will not be accepted. You may not intentionally degrade the data you send to Compelling Trends Group in the listing feed in any manner.
ii. Daily Updates. Listing feeds must be updated at least one time per day to ensure that Compelling Trends Group users have access to the most up to date and accurate information, and you may not intentionally delay the delivery of the listing feed.

17. Choice of Law; Disputes. These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to any conflicts of law rule or principle that might otherwise refer to the substantive law of another jurisdiction. YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT MAY ARISE BETWEEN YOU AND COMPELLING TRENDS GROUP SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. YOU AGREE THAT YOU AND COMPELLING TRENDS GROUP MAY BRING CLAIMS AGAINST EACHOTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPELLING TRENDS GROUP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. FURTHER, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES AND PROCEDURES, AS MODIFIED BY THIS PARAGRAPH. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG. A FORM FOR INITIATING ARBITRATION PROCEEDINGS IS AVAILABLE ON THE AAA’S WEBSITE AT HTTP://WWW.ADR.ORG. THE ARBITRATION SHALL BE HELD IN HARRIS COUNTY, TEXAS OR AT ANOTHER MUTUALLY AGREED LOCATION. IF THE VALUE OF THE RELIEF SOUGHT IS $10,000 OR LESS, YOU OR COMPELLING TRENDS GROUP MAY ELECT TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE OR BASED SOLELY ON WRITTEN SUBMISSIONS, WHICH ELECTION SHALL BE BINDING ON YOU AND COMPELLING TRENDS GROUP SUBJECT TO THE ARBITRATOR’S DISCRETION TO REQUIRE AN IN-PERSON HEARING, IF THE CIRCUMSTANCES WARRANT. ATTENDANCE AT AN IN-PERSON HEARING MAY BE MADE BY TELEPHONE BY YOU AND/OR COMPELLING TRENDS GROUP, UNLESS THE ARBITRATOR REQUIRES OTHERWISE. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND 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, UNLESS OTHERWISE STATED IN THIS PARAGRAPH. IF A COURT DECIDES THAT ANY PART OF THIS PARAGRAPH IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS PARAGRAPH SHALL STILL APPLY. ACCESS OR USE OF THE COMPELLING TRENDS GROUP NETWORK IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH. The parties agree that to the extent the arbitration clause above is not enforceable, or not enforced for any reason, (and for the purposes of compelling arbitration) the state and federal courts in Harris County, Texas, shall have exclusive personal jurisdiction and venue over the parties to hear all disputes arising under these Terms of Use or the Services, whether the disputes sound in contract, tort, or other areas of the law. The parties waive any right they may have to transfer, change, or remove the venue of any litigation that these Terms of Use or the Services form the basis of, or to assert that such litigation is brought in an inconvenient forum, that forum should be removed to a federal court, or that forum is improper for any reason. Compelling Trends Group operates the Services from its offices in Texas, and we make no representation that the Services are appropriate or available for use in other locations.

18. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Compelling Trends Group may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Compelling Trends Group’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Compelling Trends Group with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Compelling Trends Group with respect to the Services. These Terms of Use and the Services are not intended to give or confer any benefits, rights, privileges, claims, actions, or remedies to any person or entity as a third party beneficiary The covenants in these Terms of Use which require performance in whole or in part after the expiration or termination of these Terms of Use (including but not limited to Sections 2-4, 6-15, and 17-19, will be enforceable regardless of the expiration or termination of these Terms of Use for whatever reason.

19. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from Compelling Trends Group as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that Compelling Trends Group sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Compelling Trends Group or third parties, such as real estate agents. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a callif it may be recorded or monitored. You consent to such recording and monitoring by Compelling Trends Group or the Communications Service. Compelling Trends Group also uses the Communications Service to track phone calls and text messages between you and real estate professionals so that Compelling Trends Group and the real estate professional can access certain details about the contact. As part of this process, Compelling Trends Group and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by Compelling Trends Group and the Communications Service. The information is subject to the Privacy Policy.

20. Contact Information. The Services are offered by Compelling Trends LLC and its affiliates, located at 1209 Orange St, Wilmington, DE 19801. You may contact Compelling Trends Group by sending correspondence to that address or emailing [email protected]

21. Equal Housing Opportunity. Compelling Trends Group is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.