1. Moea’s Role
A.) Moea Homes, LLC holds a real estate broker license in certain states (see Section 21). Unless stated otherwise in your Product’s Terms, MOEA, Inc. assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction based on the services or any other information available through or in connection with the services provided by Moea Homes, LLC.
2. Our Brands and Businesses
A.) Moea Homes, LLC
Affiliated Business Relationship Notice: This notice informs you of business relationships among the following providers: MOEA, Inc. and Moea Homes, LLC are affiliated companies, and each may refer you to the services of another. Each are indirectly wholly owned by MOEA, Inc. through one or more subsidiaries. Due to these relationships, any referrals by MOEA, Inc. may provide the referred company, its direct or indirect parent (including MOEA, Inc.), and respective employees with a financial or other benefit.
B.) Loan Information
The Company may utilize and refer any information for use in loan-related decisions with your express permission. You acknowledge and agree not to use any information obtained from the Company services for loan-related decisions.
3. Eligibility; Accounts and Registration
(a) You are at least 18 years of age. (b) You have not previously been suspended or removed from the Services. (c) Your registration and your use of the Services comply with all applicable laws and regulations.
To access certain features, you may need to register for an account and agree to a Product’s Terms if applicable. This may be incorporated herein or available on a separate MOEA, Inc. site. When registering, you’ll provide accurate information about yourself, such as email address or phone number, and agree to keep it accurate and up-to-date. You’ll also create a password, and you’re responsible for maintaining the confidentiality of your account.
4. Use of the Services; Restrictions
A.) Use of the Services
B.) Mobile Applications
C.) Use of Content
5. Prohibited Use
By using the Services, you agree not to:
- Reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services.
- Provide/post/authorize a link to any of the Services from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution.
- Remove or modify any copyright or other intellectual property notices in the Services.
- Use the Services in any way that is unlawful or harms MOEA, Inc., its service providers, suppliers, affiliates, or any other user.
- Use the Services in any way that discriminates against any individual or class of individuals protected under federal, state, or local laws or promotes illegal, racist, or discriminatory activities or outcomes.
- Distribute or post spam, unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services.
- Impersonate another person, misrepresent your affiliation, or make false representations to any third party.
- Reproduce, publicly display, or make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images, or information about real estate listings, or other data or content available through the Services, except as explicitly permitted.
- Upload invalid data, viruses, worms, or other software agents to the Services.
- Post content that MOEA, Inc. considers illegal, offensive, or objectionable, including content that harasses, discriminates, demeans, threatens, or disparages any individual or class of individuals.
- Interfere with or compromise the system integrity or security of the Services or bypass any measures to prevent or restrict access.
- Conduct automated queries on the Services.
- Use any of MOEA, Inc.’s trademarks as part of your screen name or email address.
- Access or use the Services to develop competitive products or services.
- Attempt to, or permit or encourage any third party to do any of the above.
You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and non-refundable. If fees change, we’ll provide advance notice, and if you don’t accept the changes, we may discontinue the applicable part of the Services.
Our authorized third-party payment processors will charge the specified payment method at the time of purchase. You authorize us to charge all fees for the selected Services to that payment method.
If you pay with a credit card, we may seek pre-authorization to verify its validity and available funds.
The Services may include features with automatically recurring payments (“Subscription Service”). If activated, you authorize us to periodically charge accrued sums until cancellation. You must cancel before renewal to avoid the next periodic subscription fee. We’ll bill to the provided payment method, and you’ll be notified in advance of any fee increase. Cancel through your account settings, contact us at [email protected], or contact your business consultant if applicable.
7. User Materials
A.) UGC Definition; License Grant
Certain parts of the Services may enable users to upload or provide MOEA, Inc. with images, photos, video, data, text, listings, and other content (“User Materials”). Unless additional terms are provided in your Product’s Terms, by uploading or providing User Materials to the Services, you grant MOEA, Inc. an irrevocable, perpetual, royalty-free worldwide license to:
(i) Use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media.
(ii) Sublicense these rights to the maximum extent permitted by applicable law.
We will not pay for your User Materials, and we may remove or modify them at any time. You are responsible for all User Materials made through your user account(s) on the Services.
For all User Materials, you represent and warrant that you are the creator and owner of the User Materials or have the necessary licenses, rights, consents, and permissions to authorize MOEA, Inc. and other users to access and use your User Materials. We will not use client contact information uploaded by agents into the MOEA, Inc. Agent Hub portal for any purpose unless provided to us directly by the client.
B.) UGC Disclaimer
8. 3rd Party/Linked Services/Sent Information
The Services include links to third-party products, services, and websites, as well as materials provided by third parties. You are responsible for your use and submission of User Information to any third party. MOEA, Inc. does not endorse and is not responsible for third-party products, services, websites, materials, or a Third-Party Provider’s use of your User Information.
By using a tool allowing User Information transfer, you agree to MOEA, Inc. transferring the applicable User Information to third parties not under our control. We are not responsible for damages arising from your dealings with these third parties.
B.) Certain Third-Party Services
(i) Referrals and Lead Sales: As part of the Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale, acknowledging compensation for facilitating the connection. If a party has an affiliated relationship with MOEA, Inc., we may receive a benefit from the referral between affiliates.
(ii) Non-Affiliated Financial Products: If you contact a non-affiliated financial institution through the Services, you authorize MOEA, Inc. to provide the information you submit to the Third-Party Provider. We are not responsible for underwriting activities, credit decisions, or any non-affiliated transactions. Consumers should rely on their judgment in selecting loan products.
(iii) Rental Products: Submitting information for background or credit checks is subject to terms described in Section 8(C) below. MOEA, Inc. does not process or store background or credit check information and is not responsible for landlord evaluations.
C.) Additional Terms for Third-Party Services
(iii) Stripe: Services allowing Stripe Connect are subject to the Stripe Connected Account Agreement.
(vii) Experian: Using Experian Connect for credit checks requires agreeing to the Experian Connect Terms and Conditions.
9. Intellectual Property
If you provide input and suggestions regarding the Services (“Feedback”), you grant MOEA, Inc. an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use the Feedback for any purpose, including improving the Services or creating other products and services.
11. DMCA; Claims of Copyright Infringement
MOEA, Inc. respects intellectual property rights. If you believe your work has been reproduced on the Services in a way constituting copyright infringement, follow the DMCA notification process. The provided information includes identification of the copyrighted work, location of the infringing material, your contact information, and a statement of accuracy.
12. Deactivation/Deletion /Changes to Agreement
B.) Other Terms
Your use of the Services is subject to additional guidelines, rules, and agreements applicable to specific features, posted or linked from the Services, including the Good Neighbor Policy, Listing Quality Policy, and others.
You agree to indemnify and hold harmless MOEA, Inc. and affiliates from third-party claims arising from your use of the Services, breach of these Terms, violation of law or third-party rights, disputes, User Materials, or willful misconduct.
15. No Warranties
MOEA, Inc. provides the Services “as is” and disclaims all warranties, express or implied. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. You assume all risks associated with the use of the Services.
16. Limitation of Liability/Exclusive Remedy
MOEA, Inc. and affiliates are not liable for indirect, consequential, special, or punitive damages. The aggregate liability is limited to the greater of the amount paid in the 12 months before the claim or $100. The limitations apply even if any limited remedy fails its essential purpose. Some jurisdictions may not allow certain limitations of liability.
17. Choice of Law; Disputes
You agree not to export any part of the Services or direct product thereof except in compliance with applicable export laws. The agreement may be amended only by a written agreement signed by authorized representatives. If any part of these Terms is invalid or unenforceable, it will be replaced with a valid provision, and the remainder will continue in effect. Section titles are for convenience only. MOEA, Inc. may assign this agreement at any time with or without notice. You may not assign these Terms, or your rights in the Services. The failure to act on a breach does not waive the right to act on subsequent breaches. These Terms constitute the entire agreement between you and MOEA, Inc. The following sections survive termination: 3, 5-8, 10-12, and 14-22.
19. Consent to Communications:
20. Notice to California Residents:
If you’re a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for complaint resolution or further information about the Service.
21. Contact Information and License Disclosures:
The Services are offered by MOEA, Inc., located at 325 Brannon Rd., Cumming, GA 30041. Contact MOEA, Inc. at the provided address or email [email protected]. Licensing information for various entities under MOEA, Inc., including MOEA Group Marketplace, Inc., MOEA Home Loans, LLC, and MOEA Closing Services, LLC, is disclosed.
22. Notice to Apple Users:
If you’re using mobile applications on an iOS device, these terms are between you and MOEA, Inc., not Apple. Apple is not responsible for the Services or related materials. You agree to comply with applicable third-party terms when using the Services. Apple and its subsidiaries are third-party beneficiaries of Section 22, with the right to enforce it against you. You represent that you’re not located in a country subject to a U.S. Government embargo.