Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) form a binding agreement between you and American Homes Online, LLC (“American Homes Online,” “we,” “us”) and govern your access to and use of americanhomesonline.net and all related tools, content and services (the “Services”).

By accessing or using the Services you accept these Terms. If you do not agree, do not use the Services. Section 13 contains a binding arbitration provision and a class action waiver that affect how disputes between us are resolved. Please read it carefully.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are offered only to users located in the United States. You may not use the Services if you are barred from doing so under applicable law or if your access has previously been terminated by us.

3. We are not a brokerage, lender, or advisor

Specifically, we do not:

• represent you as a broker or agent in any transaction;
• negotiate on your behalf, prepare contracts, or provide a broker price opinion;
• hold, transmit or escrow earnest money or any other funds;
• originate, underwrite, approve or fund any loan, or issue binding rate quotes;
• perform appraisals or provide valuations that meet appraisal standards;
• provide legal, tax, accounting, insurance or investment advice.

All brokerage services are performed by independently owned and operated partner firms and by individuals licensed in the state where the property is located. Those firms are not our agents, employees, partners or joint venturers, and we are not responsible for their acts or omissions. Your relationship with any agent, brokerage, lender, inspector or title company is solely between you and that company, governed by whatever agreement you sign with them.

No content on the Services creates an agency, fiduciary, brokerage or attorney-client relationship between you and us.

4. Listing information and estimates

Listing content is supplied by participating multiple listing services, partner brokerages, property owners and public records. We aggregate and display it; we do not create it and we cannot independently verify every detail.

You acknowledge and agree that:

• listing information is believed reliable but is not guaranteed accurate, complete or current;
• properties may be under contract, sold, rented, withdrawn or re-priced before our data refreshes;
• square footage, lot dimensions, room counts, year built, tax figures, HOA dues, zoning and school assignments are approximations from third-party records that you must independently verify;
• photographs, floor plans and virtual tours may be staged, digitally enhanced, or may depict a model rather than the specific unit;
• automated home value estimates, payment calculators, affordability tools and market statistics are illustrative estimates only, are not appraisals, are not offers of credit, and must not be relied upon as the basis for a financial decision.

Nothing displayed on the Services is an offer to sell or lease real property, nor a solicitation of any property already listed with another broker.

5. Acceptable use

You agree not to:

• scrape, crawl, spider, harvest or use any automated means to access, copy or extract data from the Services, except by a search engine operating within our robots.txt directives;
• copy, reproduce, republish, redistribute, resell or create derivative works from listing data, market data, photographs or editorial content without our prior written permission;
• submit false, misleading, fraudulent or duplicate listings or inquiries;
• publish or transmit content that expresses a preference, limitation or discrimination based on race, color, religion, sex, familial status, national origin, disability, or any other class protected by federal, state or local law;
• use the Services to send unsolicited commercial messages, to solicit our users, or to generate leads for resale;
• impersonate another person, misrepresent your license status, or misstate your affiliation with any brokerage;
• interfere with or disrupt the Services, probe for vulnerabilities, bypass access controls, or introduce malicious code;
• use the Services for any unlawful purpose or in violation of the Fair Housing Act, the Equal Credit Opportunity Act, the Telephone Consumer Protection Act, the CAN-SPAM Act or any other applicable law.

We may investigate suspected violations and may suspend or terminate access, remove content, and report conduct to law enforcement or the relevant state real estate commission.

6. Your submissions

You are responsible for everything you submit through the Services, including inquiry details, property information, reviews and any other content. You represent that you have the right to submit it and that it is accurate and not misleading.

By submitting content you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, adapt, publish and display that content for the purpose of operating, improving and promoting the Services. You retain ownership of your content. We may remove or decline to publish any submission at our discretion, including reviews we reasonably believe are not genuine.

If you provide feedback or suggestions, you grant us an unrestricted right to use them without obligation or compensation.

7. Intellectual property

The Services, including their design, text, graphics, logos, icons, compilations, software and the selection and arrangement of content, are owned by American Homes Online, LLC or our licensors and are protected by United States and international copyright, trademark and other intellectual property laws.

“American Homes Online” and our logo are our trademarks. You may not use them without our prior written consent. Third-party marks appearing on the Services belong to their respective owners.

We grant you a limited, revocable, non-transferable license to access and use the Services for your own personal, non-commercial purpose of researching real estate. All other rights are reserved. Copyright complaints are handled under our DMCA policy.

8. Third-party links and services

The Services contain links to and content from third parties, including partner brokerages, lenders, insurers, inspectors, title companies and advertisers. We do not control those businesses or their websites, we do not endorse them merely by linking, and we are not responsible for their content, products, services, pricing, privacy practices or conduct.

Any transaction you enter into with a third party is solely between you and that party. We encourage you to verify licensing, read agreements, and obtain independent advice before engaging anyone.

9. Advertising and referral compensation

We earn revenue from referral fees paid by partner brokerages when a referred client closes a transaction, from placement subscriptions purchased by partner agents, and from display advertising. Advertising is labeled as such.

Receiving compensation does not cause us to rank an individual property listing above another in search results, and it does not change the market statistics we publish. It does influence which agents appear in featured positions on our agent pages.

10. Disclaimer of warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY LISTING DATA, VALUATION, PAYMENT ESTIMATE, MARKET STATISTIC OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE OR CURRENT. YOU USE THE SERVICES AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER AMERICAN HOMES ONLINE, LLC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR DAMAGES ARISING FROM A REAL ESTATE TRANSACTION, FINANCING DECISION, PROPERTY CONDITION, OR THE CONDUCT OF ANY AGENT, BROKERAGE, LENDER OR OTHER THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for certain damages, so these limits may not apply to you in full.

12. Indemnification

You agree to defend, indemnify and hold harmless American Homes Online, LLC and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or connected with your use of the Services, your submissions, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Dispute resolution, arbitration and class waiver

Informal resolution first

Before starting arbitration, you agree to try to resolve the dispute informally by sending a written notice to legal@americanhomesonline.net describing the dispute and the relief sought. We will do the same. If the dispute is not resolved within 60 days, either party may begin arbitration.

Binding individual arbitration

Except as stated below, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator, in the English language, and may proceed by document submission, telephone, videoconference or in person in the federal judicial district that includes your residence, at your election.

The arbitrator may award the same individual relief a court could award, and the arbitrator's decision may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class action waiver

Arbitration will be conducted on an individual basis only. You and we each waive any right to bring or participate in a class, collective, consolidated or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class waiver is found unenforceable as to a particular claim, that claim must proceed in court and is severed from arbitration.

Exceptions

Either party may bring an individual action in small claims court for a dispute within that court's jurisdiction, and either party may seek injunctive relief in court to stop unauthorized use of, or infringement of intellectual property rights in, the Services.

Your right to opt out

You may reject this arbitration agreement by sending written notice to legal@americanhomesonline.net within 30 days of the date you first accept these Terms. Your notice must include your name, the email address associated with your use of the Services, and a clear statement that you reject arbitration. Opting out of arbitration does not affect any other part of these Terms, and we will not retaliate in any way for an opt-out.

Governing law and venue

These Terms are governed by the laws of the State of Texas, excluding its conflict-of-laws rules, except that the Federal Arbitration Act governs section 13. For any dispute not subject to arbitration, you and we consent to exclusive jurisdiction and venue in the state and federal courts located in Travis County, Texas.

14. Fair Housing compliance

All real estate advertised through the Services is subject to the federal Fair Housing Act and applicable state and local fair housing laws. We do not knowingly accept any advertising that indicates a preference, limitation or discrimination based on a protected class, and we screen listing copy for discriminatory language.

If you believe a listing or an agent has violated fair housing law, please report it immediately. Details on protected classes, how we screen, and how to file a complaint with HUD are in our Fair Housing statement.

15. Suspension and termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or if we discontinue the Services. You may stop using the Services at any time. Sections that by their nature should survive termination — including sections 6, 7, 10, 11, 12 and 13 — will survive.

16. Changes to these terms

We may revise these Terms from time to time. When we make a material change we will update the “last updated” date and, where appropriate, provide additional notice on the site. Changes take effect when posted, except that material changes to section 13 will not apply retroactively to disputes of which we had actual notice before the change. Continuing to use the Services after a change takes effect means you accept the revised Terms.

17. General provisions

Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy, DMCA policy and Fair Housing statement, are the entire agreement between you and us regarding the Services.

Severability. If any provision is held unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Notices. Legal notices to us should be sent to American Homes Online, LLC, Attn: Legal, 100 Congress Avenue, Suite 2000, Austin, TX 78701, with a copy to legal@americanhomesonline.net.