Terms of Service

Attention: Please read this Terms of Service Agreement ("Agreement") carefully. By accessing any part of the Homedaisy.com services (the “Site"), you agree to be bound by the terms and conditions below. This Agreement contains, among other things, a forum selection clause specifying where suits may be brought against Homedaisy.com, LLC, disclaimers of warranties and liability, and provisions regarding limitations on liability and indemnification. These provisions form an essential basis of our bargain. If you do not agree to all of these terms and conditions, please do not access and/or use the Homedaisy.com services.

Introduction. Homedaisy.com (the "Site") is operated by Homedaisy.com, LLC (“HD”).  HD does business exclusively in the State of Oklahoma. This Agreement applies to the entire Site. HD operates the Site to provide services for licensed real estate brokers and/or agents, individuals looking to sell their own property, and prospective buyers.  HD does not list or sell homes or other property.  HD is not a real estate brokerage and does not represent or act as agent for buyers or sellers.  No information on this Site constitutes a contract or offer of sale.  Any offer, negotiation, or contract is exclusively between the buyer and seller, and their respective agents.  HD is not a party to any real estate transaction or contract for sale of real estate.

HomeDaisy.com Services.  HD does not provide the information associated with or related to real estate listings on this Site.  HD makes reasonable efforts to monitor the information posted on this site by third-parties.  You agree not to hold HD liable for materials posted or transmitted by third-parties, and that HD shall have the right to review, reject, delete, remove, modify, or edit any materials at any time for any reason, without liability, without notice to you and without a refund.

Real Estate Information Disclaimer. The information provided on this Site (including, without limitation, square footage, price, condition, specifications, and availability of listings) is provided by the property seller and/or their agent.  HD IS NOT LIABLE, and expressly disclaims liability FOR MISREPRESENTATIONS, ERRORS OR OMMISSIONS OF INFORMATION PROVIDED BY SELLERS and/or their agents.  Parties should independently verify all information. Mortgage calculators and rate information are provided for informational and convenience purposes only and do not constitute any guarantee or offer to lend.  HD makes no representation as to the accuracy of any mortgage rates or amounts calculated or otherwise obtained through the Site. Consult your lender for actual mortgage rates, fees, payments, and qualification requirements.

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THE SITE, SOFTWARE, AND CONTENT IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.  HD AND ITS THIRD PARTY LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. HD AND ITS THIRD PARTY LICENSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, SOFTWARE, AND CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE OR ERROR-FREE, THAT A LISTED PROPERTY WILL SELL, OR THAT YOU WILL RECEIVE INQUIRIES REGARDING A LISTED PROPERTY OR AS A RESULT OF PURCHASING AN ADVERTISEMENT. ALL REAL ESTATE INFORMATION AVAILABLE ON THIS SITE IS SUPPLIED BY THIRD PARTIES. HD CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.

Limitation of Liability. HD AND THEIR RESPECTIVE THIRD PARTY LICENSORS AND SUPPLIERS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SOFTWARE, OR CONTENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION; TEMPORARY OR PERMANENT FAILURE  OF THE SITE TO OPERATE; OR COMPUTER VIRUSES. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF HD AND THEIR RESPECTIVE THIRD PARTY LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM EXCEED THE GREATER OF THE AMOUNT YOU PAID TO USE THE SITE IN THE MONTH PRECEDING THE CLAIM GIVING RISE TO LIABILITY OR TWENTY DOLLARS ($20.00).

Representations and Warranties. You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit any of the materials which you submit to the Site and grant the licenses described in this Agreement, (b) such materials are accurate, current and complete, (c) such materials and your use of the Site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your use of the Site shall not violate any agreements between you and a third party.

Indemnification. You agree to release, defend, indemnify and hold HD, and its respective members, officers, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising out of or related to: (a) the materials you provide, (b) your use of the Site or your reliance on the content, (c) your breach of this Agreement, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.  you acknowledge that HD may, from time to time, use independent contractors in order to provide the Homedaisy.com services, and that HD is not responsible for the acts of such independent contractors.

Prohibited Activities.  HD prohibits the use of this Site for any illegal or patently offensive activity. HD, in its sole discretion, may determine what constitutes patently offensive activity. This includes, without limitation: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, submitting materials, or promoting information that is false, misleading or promotes illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that displays pornographic or sexually explicit content of any kind; (h) submitting materials that provide instructional information about illegal activities; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Site or for any other unauthorized purpose without HD's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling any of the Site’s software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Site or HD's hardware and software infrastructure or that of any of its licensors or suppliers.

Copyright Notice. The materials provided through the Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Site, as well as the organization and layout of the Site, may be copyrighted and protected by United States and international copyright laws and treaty provisions.  You may access, download and print materials on the Site solely for your personal and non-commercial use. However, any print out of the Site, or portions of the Site, must include the copyright notice of any owner of such materials.  No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials.  Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another site, use on any other site, transfer or sell any information obtained from this Site.  The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information.  Any trademarks and/or service marks used or displayed on the Site are either trademarks or service marks or registered trademarks or service marks of HD or a third party.  None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the trademark or the service mark.

Restrictions on Use. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You agree that HD may, in its sole discretion and at any time, terminate your access to and use of the Site, or any part thereof, with or without notice.

Termination of Service. You understand and agree that HD, without prior notice, may terminate your access to this Site or any portion thereof, and HD may exercise any other remedy available if HD believes that your use of the Site and/or any materials you provided violate: (i) this Agreement, (ii) the rights of HD, or any user of the Site, or (iii) any law, rule or regulation, or are otherwise objectionable or inappropriate for any reason. You agree that monetary damages may not provide a sufficient remedy to HD for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that HD post a bond. HD is not required to provide any refund to you if you are terminated as an authorized user of the Site or any portion thereof pursuant to this Section.

Miscellaneous. This Agreement may be changed at any time and you will be notified of any such changes by an updated posting of the new terms on this page on the Site. Your continued use of the Site after the posting of any amended terms shall constitute your agreement to be bound by any such changes.  HD may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. HD retains all right, title, and interest in and to user data. The Site includes links to other Sites not established or supervised by HD. HD is not responsible for any linked sites. These linked sites are not endorsed or sponsored by HD. These terms will be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflicts of law provisions. You acknowledge and agree that jurisdiction over and venue of any suit related to or arising from this Agreement or other use of this Site shall be exclusively in the State and Federal courts sitting in Oklahoma County, Oklahoma.  If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party shall be entitled to recover, and the non-prevailing party shall pay to the prevailing party, reasonable attorneys' fees.  If for any reason a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision of these terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these terms will continue in full force and effect. Any failure to enforce any provision of these terms will not be deemed a waiver of future enforcement of that or any other provision of these terms. These terms constitute the entire agreement between HD and you regarding the subject matter hereof. Neither these terms, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.  In the event of any conflict between these terms and any separate written agreement between you and HD, the terms of the written agreement shall control. This Agreement consists of a series of separate covenants.  You agree that if any portion of the covenants outlined in this Agreement is held to be unreasonable, arbitrary or against public policy, then such covenants shall be considered divisible with respect to scope, time and geographical area.

Advertising Service. This Site may offer a publicly available self-service advertising product through which only agents, brokers, and/or others (collectively, "Advertisers") may purchase online property listings ("Ads") and manage those Ads once purchased (the "Advertising Service"). By purchasing an Ad, you acknowledge and agree that: (a) you have the right to list the advertised property for sale; (b) you and/or your client is willing to sell the listed property at the price and on any other terms specified in the Ad; (c) each Ad shall feature only one unique property (e.g., you cannot buy one Ad and advertise more than one property on that Ad, either simultaneously or consecutively); (d) upon selling the listed property or otherwise taking it off the market, you will promptly update the Ad  to sold for that property; (e) you will not use the Advertising Service to advertise or promote anything other than the property for sale and your real estate services in connection therewith; (f) you will pay for your Ad even if you and/or your client fails to sell the listed property or fails to receive any inquiries regarding the property; and (g) you will use User Data solely to respond to property inquiries and will not sell, rent, lease, license, sublicense, or otherwise distribute or transfer User Data to third parties or otherwise use User Data in any unauthorized manner, including for "spam", "junk mail", or direct marketing campaigns. Further, if you are representing yourself as a real estate professional such as a broker or agent, you further represent and warrant that: (i) you are currently licensed in the state in which you are conducting business, (ii) you shall provide real estate services and otherwise operate in accordance with all applicable laws, rules, regulations, and codes of conduct, and (iii) you shall provide all services to Site users in a prompt, professional, honest, and courteous manner. You acknowledge and agree that certain Ads may need to be renewed or extended to remain on the Site. Generally, amounts paid for Ads are non-refundable except in limited instances. Depending on the Advertising Service offered on the Site, certain Ads may need to be renewed or extended to remain on the Site. Due to processing time, there may be a delay in posting Ads to the Site.