Terms of Use

Welcome to Sohomey, which is owned and operated by Sohomey Inc, a California corporation (“Company” or “we” or “our” or “us”). These Terms of Use (“Terms of Use” or “Terms”) govern a user’s (“you” or “your”) access to and use of the website located at sohomey.com (the “Site”) and any content, features, functionality, products, or services made available to you through the Site. If you are using the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms “you” and “your” refer to both you and that entity. By using the Site, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. The Company reserves the right to refuse access to or use of the Site to any person or entity at any time for any lawful reason.

These Terms constitute a legally binding agreement between you and the Company. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Notice, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Site.

We may modify these Terms from time to time in our sole discretion and without notice. Any changes to the Terms will become effective when posted on the Site unless otherwise specified. Your continued use of the Site following posting of revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

The Site is an online platform that enables individuals interested in purchasing residential real estate and participating licensed real estate professionals to prepare and submit structured offers on residential properties, including both listed and off-market properties. The Site enables users to create accounts, submit information regarding their real estate interests, communicate with other users (including clients invited to the platform by their real estate agent), review information available through the Site, and connect with third parties who may offer products or services relevant to those interests.

The Company provides the Site solely as a technology and communications platform. The Company is not a real estate broker, real estate agent, lender, title company, escrow company, or other licensed real estate professional, and does not participate in or control any transaction between users or third parties. The Company does not own, sell, purchase, list, market, or manage real property and is not a party to any agreement entered into between users and third parties. Any negotiations, due diligence, financing, inspections, contractual arrangements, and real estate transactions occur solely between applicable parties and are outside the scope of this Site and the Company’s control. The Company does not guarantee that any user will successfully locate real estate, obtain financing, identify a qualified real estate professional, or complete any transaction as a result of using the Site.

Users must comply with all federal, state, and local fair housing and civil rights laws. Users may not, in any listing, communication, or transaction conducted through the platform, discriminate on the basis of race, color, religion, sex, gender, gender identity or expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, military or veteran status, or any other characteristic protected under applicable law.

Prohibited conduct includes, without limitation:

• Stating or implying a preference, limitation, or exclusion based on a protected characteristic in a listing description;
• Applying different terms, conditions, or screening criteria to prospective users based on a protected characteristic; and
• Steering, or refusing to transact with, a user based on a protected characteristic.

We reserve the right to remove listings and suspend or terminate accounts that violate this Section, and to report suspected violations to the California Civil Rights Department or other appropriate authorities where we determine it is appropriate to do so.

Certain features, functionality, products, or services made available through the Site may be subject to additional terms, conditions, agreements, or policies (collectively, “Additional Terms”). Additional Terms include, without limitation, our Refund and Cancellation Policy, Pricing and Payment Terms, Service Delivery Policy, Offer Disclaimer, and Seller-Side Agent Referral Terms, each of which is available on the Site and incorporated into these Terms by reference. If you choose to access or use any such features, functionality, products, or services, you may be required to agree to the applicable Additional Terms before doing so. To the extent that any Additional Terms conflict with these Terms, the applicable Additional Terms will control solely with respect to the subject matter of those Additional Terms. Nothing in these Terms obligates the Company to make any particular features, functionality, products, or services available through the Site.

Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information when creating an account and to maintain and promptly update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to notify the Company promptly of any unauthorized use of your account or any other breach of security.

The Company reserves the right to suspend or terminate any account, remove any content, or restrict access to the Site if the Company reasonably believes that these Terms have been violated or that such action is necessary to protect the Site, its users, or the Company.

You agree to use the Site only for lawful purposes and in accordance with these Terms.

You shall not and shall not permit any third party to use the Site: (a) in any manner that violates any applicable law, rule, or regulation; (b) to submit any false, misleading, fraudulent, inaccurate, or incomplete information; (c) to impersonate any person or entity or misrepresent your affiliation with any person or entity; (d) to interfere with or disrupt the operation, security, or integrity of the Site or any servers or networks connected to the Site; (e) to attempt to gain unauthorized access to any portion of the Site, user accounts, or systems; (f) to use any robot, scraper, crawler, spider, data mining tool, or other automated means to access, monitor, copy, or collect information from the Site without the Company’s prior written consent; (g) to upload, transmit, or distribute any virus, malware, malicious code, or other harmful technology; (h) to transmit spam, unsolicited communications, or fraudulent solicitations; (i) to copy, reproduce, modify, distribute, publicly display, create derivative works from, reverse engineer, decompile, or otherwise exploit any portion of the Site except as expressly permitted by applicable law; (j) in any manner that could damage, disable, overburden, or impair the Site or interfere with any other user’s access to or use of the Site; (k) to collect or use user contact information or other information obtained through the Site for unsolicited marketing; or (l) in any manner that could harm the Company, its service providers, suppliers, affiliates, or any other third party.

The Company reserves the right to investigate suspected violations of these Terms and to take any action it deems appropriate, including suspending or terminating your access to the Site, removing content, or cooperating with law enforcement authorities.

The Site may permit you to submit information, inquiries, requests, feedback, comments, preferences, or other materials (collectively, “User Content”). You represent and warrant that: (a) your User Content is accurate and not misleading; (b) you have all rights necessary to submit such User Content; (c) your User Content does not violate any applicable law or the rights of any third party; and (d) your User Content does not contain material that is unlawful, defamatory, fraudulent, obscene, threatening, or otherwise objectionable.

The Site does not prepare, review, verify, or ensure delivery of any statutory disclosure. Users acknowledge and agree that they are solely responsible for preparing and delivering all disclosures required under applicable law. Listing a property on the Site does not satisfy, and is not a substitute for, any statutory disclosure obligation. Users are encouraged to consult a licensed real estate professional or attorney to ensure compliance.

By submitting User Content through the Site, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable right and license to host, store, reproduce, modify, transmit, distribute, display, and otherwise use your User Content solely as reasonably necessary to operate, maintain, improve, and provide the Site and its related services.

You remain solely responsible for your User Content and the consequences of submitting it through the Site. The Company has no obligation to monitor, review, verify, or remove User Content but reserves the right to do so at any time in its sole discretion.

An offer prepared through the Site may be delivered to a property owner by a licensed real estate agent acting as a Sohomey closer. A closer is an independent licensed professional. A closer is not an employee or agent of the Company, does not represent the Company in any transaction, and has no authority to bind the Company or any user.

Where a property owner chooses to engage a closer as their own seller-side representative, that engagement is a separate agreement between the property owner and that agent. The agent's professional and legal duties run to the property owner, not to the Company. Closers are required to disclose to a property owner that the offer was assigned to them through the Company and that they pay the Company a referral fee if a transaction closes. Those obligations are set out in our Seller-Side Agent Referral Terms.

A property owner is never required to engage a closer, or any agent, in order to consider, respond to, accept, or decline an offer, and is free to engage a representative of their own choosing or none.

The Company does not guarantee that any offer will be delivered, received, read, or answered. See our Offer Disclaimer.

The Site may provide information regarding, or facilitate introductions to, real estate professionals, lenders, inspectors, title companies, or other third party service providers. The Company does not employ, control, supervise, endorse, or guarantee any third party made available through or identified on the Site. The Company does not verify the identity, qualifications, licensing status, experience, availability, financial condition, insurance coverage, disciplinary history, or legal compliance of any third party unless expressly stated on the Site.

Any decision to engage with a third party is made solely at your own discretion and risk. You are solely responsible for conducting your own independent investigation and due diligence before entering into any agreement or transaction. Any agreement, communication, dispute, service, purchase, sale, financing arrangement, or other transaction between you and a third party is solely between you and that third party. The Company is not a party to, and assumes no responsibility or liability for, any such transaction. The Company is not responsible for any acts, omissions, errors, representations, warranties, products, services, pricing, availability, delays, losses, damages, or other conduct of any third party.

The Site, including its design, software, code, functionality, text, graphics, logos, trademarks, service marks, photographs, audio, video, content, and other materials (“Site Content”), is owned by the Company or its licensors and is protected by applicable intellectual property rights and laws.

Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site solely for its intended purpose and in accordance with the Terms. Except as otherwise permitted by these Terms or applicable law, you may not copy, reproduce, modify, distribute, publicly display or perform, republish, transmit, create derivative works from, sell, license, exploit, or otherwise use any Site Content without our prior written consent.

We reserve all rights in the Site and Site Content that are not expressly granted to you.

If you provide the Company with suggestions, ideas, recommendations, comments, or other feedback regarding the Site (“Feedback”), you agree that we may use such Feedback for any purpose without restriction or compensation to you. You acknowledge that the Company shall own all improvements, modifications, and derivative works developed using or incorporating such Feedback.

Your use of the Site is subject to the Company’s privacy notice (“Privacy Notice”), which describes how we collect, use, store, process, and disclose personal information. The Privacy Notice can be found at the following URL: https://sohomey.com/privacy-policy.

By using this Site, you acknowledge that you have reviewed and agree to the terms of the Privacy Notice.

To the extent that there is any conflict between these Terms and the Privacy Notice regarding collection or use of personal information, the Privacy Notice shall govern with respect to those matters.

THE SITE AND ALL CONTENT, FEATURES, FUNCTIONALITY, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. THE COMPANY IS NOT RESPONSIBLE FOR VERIFYING ANY PROPERTY INFORMATION, PRICING, AVAILABILITY, FINANCING TERMS, OR LICENSING INFORMATION IF SUCH INFORMATION IS DISPLAYED ON OR SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR REPRESENT THAT: (A) ANY INFORMATION MADE AVAILABLE THROUGH THE SITE IS ACCURATE, COMPLETE, OR CURRENT; (B) ANY REAL ESTATE OPPORTUNITY, SERVICE PROVIDER, OR USER WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY THIRD PARTY WILL PERFORM SERVICES COMPETENTLY, LAWFULLY, OR IN ACCORDANCE WITH ANY AGREEMENT; (D) ANY TRANSACTION INTRODUCED THROUGH THE SITE WILL BE COMPLETED; OR (E) USE OF THE SITE WILL RESULT IN ANY PARTICULAR OUTCOME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND YOUR INTERACTIONS WITH THIRD PARTIES ARE UNDERTAKEN SOLELY AT YOUR OWN RISK, AND YOU WILL INDEPENDENTLY VERIFY ANY AND ALL INFORMATION PROVIDED THROUGH THE SITE BEFORE RELYING ON SUCH INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, agents, successors, and assigns from and against any and all liabilities, losses, damages, costs, and other expenses (including reasonable attorneys’ fees) resulting from any claim or suit arising out of or related to (a) your access to or use of the Site; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party; or (e) any dispute or transaction between you and any third party arising from or relating to your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in the defense of such matter.

We may, at any time and in our sole discretion, suspend, restrict, or terminate your access to all or any portion of the Site, with or without notice, if we believe that (a) you have violated these Terms; (b) your use of the Site may expose the Company, other users, or third parties to liability or harm; (c) such action is necessary to protect the security, integrity, or operation of the Site; or (d) suspension or termination is otherwise appropriate for any lawful business reason.

You may discontinue use of the Site at any time.

Termination of your access to the Site shall not affect any rights or obligations that accrued prior to termination or any provisions of these Terms that by their nature are intended to survive termination, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and miscellaneous provisions.

A. Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that would require the application of the laws of another jurisdiction.

B. Notices. By accessing or using the Site, you consent to receive communications from the Company electronically, including by email or through notices posted on the Site, where permitted by applicable law. You agree that such electronic communications satisfy any legal requirement that communications be in writing. If you have any questions regarding these Terms, you may contact the Company at the following email address: legal@sohomey.com.

C. Relationship. The parties are each independent contractors, and neither party shall be, nor represent itself to be, the franchiser, joint venturer, franchisee, partner, broker, employee, servant, agent, or legal representative of the other party for any purpose whatsoever. Neither party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the other party, or bind the other party in any manner whatsoever.

D. Assignment. You may not assign or transfer these Terms without the prior written approval of the Company. The Company may freely assign these Terms, in whole or in part, without restriction. Any assignment, transfer, delegation, or other conveyance in violation of this Section shall be null and void.

E. Waiver. No failure to exercise, and no delay in exercising, any right, power, or privilege under these Terms shall, in either case, operate as a waiver, nor shall any single exercise, any single failure to exercise, or a partial exercise of a right, power, or privilege hereunder, in any case, preclude the exercise of any other right, power, or privilege. No waiver of any right, power, or privilege hereunder shall be valid unless made in writing and signed by the waiving party.

F. Severability. If any provision of these Terms or the application of such provision to any person or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms or the application of such provisions as applied to other persons, places, and circumstances shall remain in full force and effect.

G. Entire Agreement. These Terms, together with the Privacy Notice and any Additional Terms or agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your access to and use of the Site and supersede all prior or contemporaneous understandings relating to the subject matter hereof.

Sohomey Inc

2080 Empire Avenue #1086

Burbank, CA 91504

United States

support@sohomey.com