These Terms of Use were last updated on the date specified above. HometownBrix.com reserves the right to modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting the modified Terms of Use on the Site. Users are encouraged to review these Terms of Use periodically for any changes.
These Terms of Use (“Terms”) constitute a legally binding agreement made between the user, whether personally or on behalf of an entity (“User,” “Users,” or “you”), and HometownBrix.com (“HometownBrix,” “Site,” “we,” “us,” or “our”), concerning access to and use of the HometownBrix.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and “Services”). HometownBrix.com is a service focused on home and real estate, and is part of the Hometown Hawk LLC network. Â
By accessing, browsing, registering for, or using the Site or its Services, the User acknowledges having read, understood, and agreed to be bound by all of these Terms. If the User does not agree with all of these Terms, then the User is expressly prohibited from using the Site and Services and must discontinue use immediately. Â
These Terms apply to all aspects of HometownBrix.com. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
HometownBrix.com is part of the Hometown Hawk LLC network of websites. While Hometown Hawk LLC may have its own general Terms of Use applicable to its broader network , these specific HometownBrix.com Terms govern the use of this particular Site and its specialized home and real estate Services. The specialized nature of real estate services, including property listings and agent interactions, necessitates terms tailored to these functions. In the event of any conflict between these HometownBrix.com Terms and any general Terms of Use of Hometown Hawk LLC concerning the services offered on HometownBrix.com, these HometownBrix.com Terms shall prevail.
To ensure clarity and mutual understanding, the following terms shall have the meanings ascribed to them below:
Term
Definition
Site
Refers to HometownBrix.com and all its associated content, features, functionalities, and services.
Services
Encompasses all home and real estate services provided by or through the Site, including but not limited to property search functionalities, real estate listings (for sale, rent, etc.), agent directories, user account creation and management, communication tools, informational articles, and any related advertising services.
User
Denotes any individual, company, or other legal entity accessing, browsing, or utilizing the Site or any of its Services.
User-Generated Content (UGC)
Includes any and all content submitted, posted, displayed, transmitted, or otherwise made available by Users on or through the Site. This includes, without limitation, property listings, property descriptions, photographs, videos, virtual tours, reviews, comments, messages, forum posts, and user profile information.
Intellectual Property
Means all copyrights, trademarks, service marks, trade names, trade dress, patents, trade secrets, database rights, and other proprietary rights and interests related to the Site, its design, underlying technology, and its content (excluding UGC, except as licensed to us by Users).
The inclusion of this table of definitions is intended to provide a clear and consistent understanding of key terminology used throughout this agreement. This precision is particularly important for a platform facilitating real estate information and connections, where clarity can prevent misunderstandings and support the enforceability of these Terms.
HometownBrix.com is an online platform primarily dedicated to providing “Home & Real Estate Services”. The Site aims to facilitate connections between prospective buyers, sellers, renters, landlords, and real estate professionals by offering a centralized hub for real estate information and interaction.
Specific services offered through HometownBrix.com may include, but are not limited to:
It is important for Users to understand that HometownBrix.com primarily functions as a platform or venue. Unless explicitly stated otherwise in a separate written agreement, HometownBrix.com does not own, sell, buy, rent, or lease any of the properties listed on the Site. Furthermore, HometownBrix.com does not act as a real estate agent, broker, or fiduciary for any User in connection with any transaction. The Site is not a party to any agreements entered into between Users (e.g., between a buyer and a seller, or a renter and a Lister). Consequently, HometownBrix.com disclaims any involvement or liability in the actual real estate transactions that may occur between Users as a result of connections made through the Site.
HometownBrix.com is part of the Hometown Hawk network, which is described as an “advertising platform”. Consistent with this, a significant aspect of the Services offered by HometownBrix.com involves providing advertising opportunities for real estate. This may include featured listings, advertisements from real estate professionals, developers, or other service providers. This advertising model is integral to the Site’s operations, allowing Listers to promote their properties and services to a wider audience. The presence of such advertising and sponsored content will be made reasonably clear to Users. Â
Unless explicitly indicated, the appearance of any listing, advertisement, or third-party service on the Site does not constitute an endorsement, recommendation, or guarantee by HometownBrix.com. Users are solely responsible for conducting their own due diligence, research, and verification before entering into any agreements or transactions with other Users or third parties found on or through the Site.
Use of the Site and its Services is subject to certain eligibility requirements. Users must be at least 18 years of age, or the age of legal majority in their jurisdiction, whichever is greater, to create an account, post listings, submit inquiries for property purchases or rentals, or engage in other activities directly related to real estate transactions or contractual agreements through the Site. While the general Terms of Use for the broader Hometown Hawk network may specify a younger age for general access , the nature of “Home & Real Estate Services” offered on HometownBrix.com involves potential legally binding contracts and significant financial decisions. Therefore, a higher age threshold is necessary for activities beyond simple browsing for informational purposes. Users under the age of 18 (or the age of majority) may browse the Site for informational purposes only, provided they do so under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Â
Certain features and functionalities of the Site require Users to register for an account. When registering for an account, Users agree to provide accurate, current, and complete information as prompted by the registration forms. Users also agree to maintain and promptly update their registration data to keep it true, accurate, current, and complete. Â
Users are responsible for maintaining the confidentiality of their account credentials, including their username and password, and are fully responsible for all activities that occur under their account. Users agree to immediately notify HometownBrix.com of any unauthorized use of their account or password, or any other breach of security. HometownBrix.com will not be liable for any loss or damage arising from a User’s failure to comply with this security obligation. Â
Each User is solely responsible for all activities conducted through their account. Unless explicitly permitted by HometownBrix.com for legitimate business entities (e.g., a real estate agency operating a corporate account with multiple authorized users), individuals are typically limited to one account. Users must ensure that their account information, including contact details, remains accurate and up-to-date throughout their use of the Services.
Users are granted a limited, revocable, non-exclusive, and non-transferable right to access and use the Site and its Services strictly for lawful purposes and in accordance with these Terms. Â
The Site may be used for personal, non-commercial purposes by individuals searching for properties, seeking real estate information, or connecting with real estate professionals. Given that HometownBrix.com operates as an advertising platform for real estate , commercial use of the Site is permitted for Listers—such as licensed real estate agents, brokers, developers, and property owners (for FSBO listings, where permitted)—for the express purpose of advertising properties or real estate-related services, subject to compliance with these Terms and any specific terms applicable to Listers.
Specifically, permitted actions include, but are not limited to:
Any use of the Site or Services not expressly permitted by these Terms is prohibited.
The integrity and lawful operation of the Site and the protection of its Users are paramount. Therefore, Users agree not to engage in any of the following prohibited activities or conduct in connection with their use of the Site or Services:
General Prohibitions:
Content and Communication Prohibitions:
System Integrity and Security Prohibitions:
Misuse of Services Prohibitions:
This list of prohibitions is not exhaustive. HometownBrix.com reserves the right to determine, in its sole discretion, what conduct it considers to be in violation of these Terms or otherwise harmful to the Site, its Services, or its Users. Violations may result in account suspension or termination, and may also subject the User to civil or criminal penalties.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), excluding User-Generated Content (which is addressed separately), are owned by HometownBrix.com, its parent company Hometown Hawk LLC, its licensors, or other providers of such material (collectively, “Site Content”). This Site Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The names “HometownBrix,” “Hometown Hawk,” and all related names, logos, product and service names, designs, and slogans are trademarks of HometownBrix.com or Hometown Hawk LLC or its affiliates or licensors. Â
Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Site Content solely for personal, non-commercial use (or for permitted commercial uses by Listers as defined in these Terms) and strictly in accordance with these Terms. This license does not grant any ownership rights in the Site Content.
Users must not:
All rights not expressly granted to Users in these Terms are reserved by HometownBrix.com and its licensors. Any use of the Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Users are solely and entirely responsible for any and all content they create, submit, post, display, transmit, or otherwise make available on or through the Site (“User-Generated Content” or “UGC”). This responsibility extends to the legality, accuracy, reliability, appropriateness, and intellectual property ownership of their UGC. HometownBrix.com acts as a passive conduit for the online distribution and publication of UGC and does not undertake to pre-screen or monitor all UGC.
By submitting UGC to the Site, Users represent and warrant that:
HometownBrix.com has no obligation to monitor, edit, or control UGC that Users post or publish, and will not be in any way responsible or liable for such UGC. However, HometownBrix.com reserves the right (but not the obligation) to, at its sole discretion, review, screen, reject, remove, edit, modify, or disable access to any UGC at any time and for any reason or no reason, without notice, including if it believes, in its sole judgment, that such UGC violates these Terms, is harmful, or is otherwise objectionable. Â
HometownBrix.com does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any UGC or communications posted via the Site or endorse any opinions expressed via the Site. Users acknowledge that by using the Site, they may be exposed to UGC that is offensive, harmful, inaccurate, misleading, or otherwise inappropriate. Under no circumstances will HometownBrix.com be liable in any way for any UGC, including, but not limited to, any errors or omissions in any UGC, or any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via the Site.
By creating, submitting, posting, displaying, transmitting, or otherwise making available any User-Generated Content on or through the Site, Users grant to HometownBrix.com and its parent company Hometown Hawk LLC, its affiliates, successors, and assigns, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, host, store, cache, reproduce, modify, adapt, create derivative works from (such as those resulting from translations, adaptations, or other changes made so your content works better with the Services), publish, publicly perform, publicly display, distribute, transmit, excerpt (in whole or in part), and otherwise exploit such UGC in any and all media or distribution methods now known or later developed (including in connection with the Site and HometownBrix.com’s (and its successors’ and affiliates’) business and on third-party sites and services). Â
This license is granted for the primary purpose of operating, providing, developing, improving, and promoting the Site and its Services, and for developing new services. This license also allows HometownBrix.com to make UGC available to other companies, organizations, or individuals who partner with HometownBrix.com for the syndication, broadcast, distribution, or publication of such content on other media and services, subject to terms and conditions for such use. For example, property listings may be syndicated to partner websites within the Hometown Hawk network or other real estate portals to increase visibility.
Users agree that this license includes the right for HometownBrix.com to provide, promote, and improve the Services and to make UGC submitted to or through the Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such content on other media and services, subject to our terms and conditions for such content use. Such additional uses by HometownBrix.com, or other companies, organizations, or individuals, may be made with no compensation paid to the User with respect to the UGC that they submit, post, transmit, or otherwise make available through the Services, unless otherwise agreed in a separate written agreement (e.g., a specific paid advertising contract).
Users waive any moral rights (or “droits moral”) they may have in the UGC they submit, to the fullest extent permitted by applicable law. Â
Notwithstanding the license granted herein, Users retain full ownership of all of their UGC and any intellectual property rights or other proprietary rights associated with their UGC, subject to the rights and licenses granted in these Terms. HometownBrix.com does not claim ownership of UGC.
This section applies specifically to Users who act as Listers or advertisers on HometownBrix.com, including real estate agents, brokers, developers, property managers, and individual property owners offering properties for sale or rent (e.g., FSBO). Given HometownBrix.com’s function as an advertising platform for real estate , these terms are critical. Â
Eligibility to List: Listers must be legally authorized to advertise the properties or services they offer. This may require Listers to be licensed real estate professionals in good standing in the relevant jurisdiction(s), or to be the legal owner of a property or have explicit authorization from the owner to list it. HometownBrix.com may require verification of such status.
Accuracy of Listings: Listers bear sole and absolute responsibility for the accuracy, completeness, legality, and timeliness of all information provided in their listings. This includes, but is not limited to, property details (e.g., address, size, number of rooms, features), pricing, availability status, photographs, virtual tours, descriptions, and disclosures. Listings must be kept current, and sold or leased properties must be promptly updated or removed. Misleading or outdated information is strictly prohibited.
Compliance with Laws: Listers must ensure that their listings and advertising practices comply with all applicable local, state, federal, and international laws and regulations. This includes, but is not limited to:
Required Information: HometownBrix.com may specify certain mandatory information fields that must be completed for a listing to be published on the Site.
Prohibited Listing Content: In addition to the general UGC prohibitions, listings must not:
Intellectual Property in Listings: Listers warrant that they own or have all necessary rights and licenses to use all content included in their listings, particularly photographs, videos, and textual descriptions.
Fees and Payment (If Applicable): HometownBrix.com may offer premium listing options, subscription plans for agents or agencies, or other advertising services that require payment of fees. The presence of “Invoices” and “Subscriptions” features on the broader Hometown Hawk network suggests such models may be in place. If fees are applicable, Listers will be notified of the current fee structure, payment terms, billing cycles, and any refund policies, typically through a separate pricing page, subscription agreement, or insertion order. By purchasing such paid services, Listers agree to these payment terms. Failure to pay applicable fees may result in suspension or removal of listings or services.
Right to Remove Listings: HometownBrix.com reserves the absolute right, in its sole discretion, to remove, refuse to publish, or modify any listing that it deems to be in violation of these Terms, misleading, inaccurate, illegal, or otherwise inappropriate or detrimental to the Site or its Users, without prior notice and without liability.
No Guarantee of Results: HometownBrix.com makes no representations, warranties, or guarantees regarding the success or outcome of any listing or advertisement placed on the Site. There is no guarantee that a listing will result in a sale, lease, or any specific number of inquiries or leads.
The Site may contain links to third-party websites, applications, or resources, such as those of mortgage lenders, home inspectors, moving companies, or the individual websites of real estate agents or agencies. These links are provided solely as a convenience to Users and do not imply any endorsement, approval, or control by HometownBrix.com over such third-party sites or resources, or their content, products, or services. Â
HometownBrix.com does not endorse and is not responsible or liable for the availability, accuracy, legality, content, products, services, or practices of such third-party sites or resources. Users acknowledge and agree that HometownBrix.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party sites or resources. Users access and use such third-party sites and resources entirely at their own risk and are encouraged to review the terms of use and privacy policies of any third-party sites they visit.
Any dealings, correspondence, or transactions between Users and any third parties (including other Users, Listers, or advertisers) found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the User and such third party. HometownBrix.com is not and will not be a party to, or in any way responsible for, monitoring or mediating such dealings.
Use of the Site and its Services is also governed by the HometownBrix.com Privacy Policy, which is incorporated by reference into these Terms of Use. The Privacy Policy explains how HometownBrix.com collects, uses, stores, shares, and protects the personal information of its Users. Â
By accessing or using the Site and Services, Users acknowledge that they have read and understood the Privacy Policy and consent to the collection, use, and disclosure of their information as described therein. Users are encouraged to review the Privacy Policy carefully.
THE SITE AND ALL SERVICES, CONTENT, INFORMATION, AND MATERIALS PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
HOMETOWNBRIX.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, TIMELINESS, SUITABILITY, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE. THIS DISCLAIMER IS PARTICULARLY IMPORTANT FOR A REAL ESTATE PLATFORM WHERE USERS RELY ON INFORMATION SUCH AS PROPERTY LISTINGS, MARKET DATA, VALUATIONS, OR ADVICE FROM OTHER USERS OR THIRD PARTIES. HOMETOWNBRIX.COM DOES NOT INDEPENDENTLY VERIFY THE ACCURACY, LEGALITY, OR AUTHENTICITY OF ALL LISTINGS OR OTHER USER-GENERATED CONTENT. USERS ARE SOLELY RESPONSIBLE FOR CONDUCTING THEIR OWN DUE DILIGENCE AND VERIFICATION OF ANY INFORMATION OBTAINED FROM THE SITE BEFORE MAKING ANY DECISIONS OR ENTERING INTO ANY TRANSACTIONS.
HOMETOWNBRIX.COM DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. HOMETOWNBRIX.COM MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE.
HOMETOWNBRIX.COM MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SUCCESS OR OUTCOME OF ANY POTENTIAL REAL ESTATE TRANSACTION, NEGOTIATION, OR AGREEMENT FACILITATED OR INITIATED THROUGH THE SITE.
ANY CONTENT, ARTICLES, BLOG POSTS, USER COMMENTS, OR OTHER INFORMATION PROVIDED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL REAL ESTATE, FINANCIAL, LEGAL, OR TAX ADVICE. USERS SHOULD ALWAYS SEEK THE ADVICE OF QUALIFIED PROFESSIONALS REGARDING THEIR SPECIFIC CIRCUMSTANCES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMETOWNBRIX.COM, ITS PARENT COMPANY HOMETOWN HAWK LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF HOMETOWNBRIX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF:
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, HOMETOWNBRIX.COM IS FOUND TO BE LIABLE TO A USER FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USER’S USE OF THE SITE OR ANY CONTENT OR SERVICES, HOMETOWNBRIX.COM’S TOTAL AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00) OR (II) THE AMOUNT OF FEES, IF ANY, PAID BY THE USER TO HOMETOWNBRIX.COM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOMETOWNBRIX.COM AND THE USER. HOMETOWNBRIX.COM WOULD NOT BE ABLE TO PROVIDE THE SITE AND SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS. IN SUCH JURISDICTIONS, HOMETOWNBRIX.COM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Users agree to indemnify, defend, and hold harmless HometownBrix.com, its parent company Hometown Hawk LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers, and service providers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising out of, resulting from, or in any way connected with:
HometownBrix.com reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify HometownBrix.com, and the User agrees to cooperate fully with HometownBrix.com’s defense of such claims. The User agrees not to settle any matter subject to indemnification by the User without the prior written consent of HometownBrix.com. HometownBrix.com will use reasonable efforts to notify the User of any such claim, action, or proceeding upon becoming aware of it.
These Terms of Use become effective when the User first accesses or uses the Site or Services and shall remain in full force and effect while the User uses the Site or Services, or maintains an account with HometownBrix.com, unless earlier terminated as provided herein.
Termination by User: Users may terminate their account and these Terms at any time by discontinuing all use of the Site and Services and, if applicable, by following the account deletion process provided within their account settings or by contacting HometownBrix.com support for assistance.
Termination by HometownBrix.com: HometownBrix.com reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate a User’s account and/or access to all or any part of the Site and Services, with or without prior notice, for any reason or no reason, including, but not limited to:
Effect of Termination: Upon termination of a User’s account or access to the Services for any reason:
Survival of Clauses: The following provisions of these Terms of Use shall survive any termination or expiration of these Terms or a User’s account: Section 7 (Intellectual Property Rights), Section 8 (User-Generated Content – specifically the representations and warranties), Section 9 (License to User-Generated Content), Section 13 (Disclaimers of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 18 (Governing Law and Dispute Resolution), Section 19 (Miscellaneous), and any other provisions that by their nature should survive termination.
HometownBrix.com reserves the right, at its sole discretion, to modify, amend, or replace these Terms of Use at any time. If a revision is material, as determined in HometownBrix.com’s sole discretion, reasonable notice will be provided prior to the new terms taking effect. What constitutes a material change will be determined at HometownBrix.com’s sole discretion. Notice may be provided by posting the updated Terms on the Site, sending an email notification to registered Users, or by other means deemed appropriate by HometownBrix.com. The “Effective Date” at the top of these Terms will indicate when the latest modifications were made. Â
By continuing to access or use the Site or Services after such revisions become effective, the User agrees to be bound by the revised Terms. If a User does not agree to the new Terms, in whole or in part, the User must cease using the Site and Services and may terminate their account. Users are encouraged to review these Terms periodically for any changes.
HometownBrix.com also reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice to Users. Users agree that HometownBrix.com shall not be liable to them or to any third party for any modification, suspension, or discontinuance of the Site or Services. This may include changes to features, functionality, or the scope of services offered.
Governing Law: These Terms of Use and any dispute, claim, or controversy arising out of or relating in any way to these Terms, the User’s use of the Site or Services, or the subject matter hereof (each, a “Dispute”) shall be governed by and construed in accordance with the internal laws of the State of Arizona, United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Arizona. The selection of Arizona law is based on the operational focus of the Hometown Hawk network, which includes “Discover Local Arizona”.
Dispute Resolution Mechanism: The parties shall attempt to resolve any Dispute through informal negotiation before resorting to arbitration.
Informal Negotiation: To expedite resolution and control the cost of any Dispute, the User and HometownBrix.com agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other. The User may send their notice to the contact information provided in Section 19 of these Terms. HometownBrix.com will send its notice to the User’s registered email address or other contact information on file.
Binding Arbitration: If the parties are unable to resolve a Dispute through informal negotiations within the thirty (30) day period, then, except for Disputes expressly excluded below, the Dispute shall be finally and exclusively resolved by binding arbitration. USERS UNDERSTAND THAT WITHOUT THIS PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration shall be conducted in English by a single neutral arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in Maricopa County, Arizona. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Arbitration is often preferred for online platforms as it can offer a more streamlined and cost-effective means of resolving disputes compared to traditional court litigation, and allows for specialized arbitrators familiar with online business issues. This approach aims to mitigate the risks and expenses associated with extensive legal proceedings, including class actions.
Waiver of Jury Trial: THE USER AND HOMETOWNBRIX.COM HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS OF USE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY.
Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THE USER AND HOMETOWNBRIX.COM AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN HOMETOWNBRIX.COM AND THE USER INDIVIDUALLY. THE USER AND HOMETOWNBRIX.COM AGREE THAT (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
Exceptions to Informal Negotiations and Arbitration: Notwithstanding the foregoing, the following types of Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a)Â Furthermore, either party may bring an individual action in small claims court for Disputes within the scope of that court’s jurisdiction.
Time Limit for Claims: Any claim or cause of action arising out of or related to use of the Site, the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, notwithstanding any statute or law to the contrary.
Entire Agreement: These Terms of Use, together with the HometownBrix.com Privacy Policy and any other legal notices, terms, or agreements published by HometownBrix.com on the Site (such as specific terms for Listers, contest rules, or subscription agreements, if applicable), shall constitute the entire agreement between the User and HometownBrix.com concerning the User’s access to and use of the Site and Services. These Terms supersede all prior or contemporaneous communications, proposals, understandings, agreements, representations, and warranties, whether oral or written, between the User and HometownBrix.com with respect to such subject matter.
Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions of the Terms will continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.
Waiver: No waiver of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HometownBrix.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver by HometownBrix.com of any term or condition in any instance shall not be deemed a waiver of such term or condition in the future or of any subsequent breach. All waivers must be in writing and signed by an authorized representative of HometownBrix.com.
Assignment: Users may not assign, transfer, or sublicense any of their rights or obligations under these Terms of Use, in whole or in part, by operation of law or otherwise, without the prior written consent of HometownBrix.com. Any attempted assignment or transfer in violation of this provision will be null and void. HometownBrix.com may assign, transfer, or delegate any of its rights and obligations under these Terms, in whole or in part, without restriction or notice to the User.
Headings: The section headings and titles used in these Terms of Use are for convenience only and have no legal or contractual effect.
Notices: HometownBrix.com may provide Users with notices, including those regarding changes to these Terms, by email to the User’s registered email address, by regular mail to the address on file, or by postings on the Site. Notices to HometownBrix.com should be sent to the contact information provided below.
Force Majeure: HometownBrix.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Time Limit for Claims: Any claim or cause of action arising out of or related to use of the Site, the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, notwithstanding any statute or law to the contrary.
