Terms of Service
Effective date: June 14, 2017
Welcome to Haus!
Using Haus binds you into a contract: The below Terms of Service ("Terms") are a binding contract between you and Haus Services Incorporated. These are the rules and restrictions that govern your use of Haus's websites, services, tools, and content (the "Services").
By using Haus, which includes visiting Haus.com, engaging with our services, tools and content, you agree to and accept these Terms. If you do not agree and accept these Terms, you may not use Haus.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org or by mail at 660 4th St. #418, San Francisco, CA · 94107.
The basics of using Haus:
Your account: If you use any of the Services on the site, you may be required to provide an email address and/or create a password. We will use your email address to create an account for you. You will not share your account information or password, if applicable, with anyone unless explicitly directed. You must protect the security of your account and your password. You are responsible for any activity associated with your account.
You understand that Haus is not a real estate broker, agent, salesperson, legal entity, accounting or financial provider. Haus is a technology platform. We are not representing you in your home sale or purchase. Any real estate advice provided by a licensed real estate broker or salesperson through the Haus platform is their independent advice.
- Haus will not perform any due diligence or investigation regarding title to, condition of, or use of the Properties listed on the Platform.
You are the one doing the work, providing the information and making the decisions: Haus will provide information and tools to help you sell or buy a home, but all decisions are your own.
If you are selling a home, when you publish your listing on Haus.com, you will be entering into contract to pay Haus a platform fee of one percent (1%) of your home’s final sale price paid out of escrow at closing. The platform fee is inclusive of any of the information, tools and access to independent experts provided on our site. There is no cost to engage with Haus.com prior to publishing your listing on Haus.com. Buyers do not pay any fees to use Haus.
You must provide accurate information: You promise to provide us with accurate, complete, and updated information about yourself. Some Services include tools to help create legally binding documents that depend on this accuracy. If you provide inaccurate information, including but not limited to a name other than your legal name and accurate information about your property, you jeopardize the viability of the contracts you create and create a liability for yourself in your home sale. We can’t and won’t be responsible for you providing inaccurate information while using the Services.
You are responsible for verifying and validating the accuracy of the property information and any documents provided to you by another user through Haus. We provide the platform to share the information but we don’t provide the information nor do we verify or validate it.
You must be an adult to use Haus: You represent and warrant that you are 18 or older and of legal age and capacity to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity such as your employer or company, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, also refer to that organization or entity).
You can only use Haus for yourself or someone who has given you the legal power to do so: For example, you can’t use Haus for your parents or other relatives and sign the agreements on their behalf. You agree to only use the Services for your own personal use or on behalf of a buyer or seller with whom you have contracted the right to represent, and not on behalf of or for the benefit of any other third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You hereby warrant and represent to Haus that: (i) You are the owner of record of the Property or have the legal authority to enter into contract on behalf of such owner of record; (ii) there are no delinquencies or defaults under any deed of trust, mortgage or other encumbrance of the Property; (iii) the Property is not subject to the jurisdiction of any court in any bankruptcy, insolvency, conservatorship or probate proceeding.
The information on the site is confidential and proprietary: You understand and agree that our site and the Services involve access to confidential and proprietary information onsite including about properties, listings, offers, or counteroffers, terms, accepted prices and other listing and transactional data and onsite information, all of which is "Content" and is considered strictly "Confidential Data". You agree to use Confidential Data only for your own use of this site and Services in compliance with these Terms of Service and with the terms of any specific or additional Agreement you enter into with us, the Haus. You are agreeing here not to disclose, copy, share, store, forward or republish any Confidential Data or allow any software tool or person to do so via your access. Your obligation under the terms of this paragraph is referred to as Site Confidentiality.
Solicitation of home sellers with listings on Haus is prohibited: If you are a real estate agent, title agent, escrow officer or any other type of vendor you are agreeing not to solicit home sellers who use the Haus platform.
You must have the rights to the photos or other media you upload: If you upload any photographs, vídeos, floor plans, or any other media you represent that you have rights to do so.
We can use your photos and videos for Haus promotions and marketing: We can use your uploaded media for Haus marketing and promotion such as showing them on social media and in ads print and digital. If you want to disallow this please send an email notice to use at email@example.com with the subject "No Promo" and include the address of your home listing and your account email.
You understand that Haus will share the information you input when submitted with the counter-party: This includes but is not limited to the following examples: If you create a listing on Haus and indicate you want to share it, a live unique URL that can be accessed by the public will be generated. The public will be able to see the listing information and any supporting documents, like disclosure forms, that you’ve uploaded. If you indicate you want to share the listing on the Multiple Listing Service (MLS) Haus will share your listing information with the third-party real estate broker and they will share it in accordance with the Limited Service Listing Agreement you enter with them. If you are a buyer and create an offer and indicate you want to submit it to the Seller of the Property, we will share all of that information and the documents you have uploaded with the Seller, and if they have one, their agent. Similarly if you are a Seller and counter-offer an offer submitted by a Buyer, we will share the counter-offer information with the respective Buyer, and if they have one, their agent.
If you elect to share your listing on the MLS you agree to entering into a limited service listing agreement with the real estate broker with whom we facilitate creating your MLS listing: If you create a listing on Haus and choose to share it on the Multiple Listing Service (MLS) you must sign an agreement with the real estate broker who posts the listing on the MLS. We will ask you to sign it when you indicate that you want to share it on the MLS. The Limited Service Listing Agreement can be found here.
If you share your listing on the MLS you will be entering into a Real Estate Agency Relationship with a third-party Broker (“Listing Agent”) that is NOT Haus: California Civil Code requires that you receive disclosure of the Seller’s agent’s obligations, even if limited. That said, the limited service broker that uploads the listing information for you on the MLS, won’t actually be doing any of those services. Haus will pay the cost of the third-party Broker as part of the Haus platform fee. By law we need to give you this disclosure on their behalf and then we also want you to understand that they won’t be doing it with the following disclosure. When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:
To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. To the Buyer and the Seller:
- Diligent exercise of reasonable skill and care in performance of the agent's duties.
- A duty of honest and fair dealing and good faith.
- A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
Upon selecting to share your listing on the MLS you will be asked to acknowledge receipt of this Agency Disclosure and California Civil Code Sections 2079.13 to 2079.24.
The third-party broker who uploads your listing on the MLS will not be providing any other listing agent duties: If you choose to have a third-party broker (“Listing Agent”) upload your listing info on the MLS you understand that: (i) Listing Agent has been hired only to provide MLS listing service, (ii) Listing Agent will not be performing any inspection of Property, (iii) Listing Agent makes no representations or warranties regarding Property, (iv) Listing Agent will not represent Seller in this transaction, and (v) all real estate broker duties outlined in the provisions of California Civil Code Section 2079 et seq. do not apply to Listing Agent.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
Sellers who have Haus publish their home listing on Haus.com do so pursuant to the following:
Compensation to Haus
As part of the Platform Publishing Agreement, which is executed by the Seller at the time of requesting Haus publish the listing, the Seller agrees to pay Haus a fee equal to one percent of the Property's final sale price (the "Haus Fee"). The Haus Fee will be paid out of escrow and is due only if the sale closes escrow.
Seller will provide a copy of this Agreement to the escrow officer for the Property sale. Seller will instruct the escrow officer to pay the Haus Fee to Haus out of escrow at close of escrow, at the Haus address listed below. In addition, Seller authorizes Haus to provide a copy of this Agreement to the escrow officer for the Property sale, and to instruct the escrow officer to pay the Haus Fee to Haus out of escrow at close of escrow.
Seller's obligations for disclosure
Seller shall be solely responsible for any and all disclosures made, or required to be made, about the Property to potential buyers. Haus will under no circumstances have any responsibility to review or verify the accuracy, truthfulness or completeness of any disclosure made by or on behalf of Seller.
The Seller acknowledges the following
Seller must make its own determination as to the extent of real estate brokerage, legal, financial, tax or accounting advice Seller requires, and Seller must consult with its own experts and advisors.
Haus will not perform any due diligence or investigation regarding title to, zoning of, use of, or condition of the Property, or any other matter affecting the Property.
Buyer is solely responsible for the price and terms of any purchase offer submitted through the Haus platform. Haus will not participate in the negotiation of the terms of any such sale. Such matters are the exclusive responsibility of Seller.
Haus does not warrant the financial ability or qualifications of any potential buyer who may make an offer to purchase the Property, or the accuracy or truthfulness of any representations made by or on behalf of any potential buyers.
Haus does not warrant that any offer submitted on the Platform meets Seller's qualifications. Prior to accepting any offer, Seller will review the offer, including the proposed purchase contract and any addenda thereto, and satisfy himself/herself that the offer is satisfactory. Seller will be solely responsible for such review.
Haus does not guaranty or promise that Seller will receive any offers to purchase the Property, nor does Haus guaranty or promise any minimum price for such offers, if any.
Responsibility for what you see and do on the Services:
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Haus has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Haus will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Haus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Haus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Haus, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not use the Services or this Site or otherwise interact with the Services in a manner that:
- Violates your above Site Confidentiality in any way.
- Infringes or violates the copyright, trademark, or other proprietary or intellectual property rights or any other rights of anyone else (including Company);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable (including adult or pornographic content);
- Jeopardizes the security of your Company account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); Copies, reuses or stores any Confidential Data or Content; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services and may give rise to civil liability for breach or damages.
If you see something on the Services that infringes your copyright:
In addition, you may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Company, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable information and Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Company’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1.1) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent Upon receipt of a proper notice of copyright infringement, we reserve the right to remove or disable access to the infringing material; notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice setting forth in detail the information sufficient to persuade us that under DMCA the content provider disagrees, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Company's Designated Agent at the following address:
Haus Services, Inc.
660 4th St. #418, San Francisco, CA · 94107
What if I want to stop using Haus?
Haus is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Haus has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content, files or information associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your accoun. (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Company.
If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Terms are subject to change
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.haus.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Warranty Disclaimer. Company does not make any representations or warranties concerning any Content or information contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). PROPERTY LISTING INFORMATION, AND OFFERS, TERMS AND COMMUNICATIONS TO OR FROM ANY BUYER, SELLER OR AGENT, ARE SOLELY THE RESPONSIBILITY OF THE SUBMITTING PARTY. OUR SITE AND COMPANY DO NOT ENDORSE, VERIFY OR GUARANTEE ANY SUCH INFORMATION OR COMMUNICATIONS.
THE SERVICES , CONTENT AND INFORMATION ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FO. A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
*Limitation of Liability.. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Company’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco, or the Northern District of California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Company in any respect whatsoever.