Terms of Use

These Terms of Use ("Terms") govern your access to and use of joinhomesmartegr.com (the "Site"), operated by HomeSmart Evergreen Realty ("HomeSmart EGR," "we," "us," or "our"), California DRE #01814504. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

1. No Offer; Informational Only

The Site is provided for general informational and recruiting purposes only. Nothing on the Site is an offer, promise, guarantee, or contract of employment, independent-contractor engagement, commission split, income level, or business result. Any relationship with HomeSmart EGR requires a separate, signed written agreement.

2. Eligibility

You must be at least 18 years old and legally able to enter into a contract to use the Site.

3. Acceptable Use

You agree not to: (a) use the Site in violation of law or these Terms; (b) submit false, misleading, or third-party personal information without authorization; (c) interfere with, probe, scrape, reverse engineer, or overload the Site; (d) attempt to gain unauthorized access to any account, system, or data; (e) use the Site to send spam or unsolicited communications; or (f) infringe any intellectual property or privacy right. We may suspend or terminate access at any time, with or without notice, for any reason.

4. Intellectual Property

The Site and all content, logos, wordmarks (including HomeSmart®), designs, text, graphics, photographs, video, and code are owned by HomeSmart EGR, its franchisor, its licensors, or the agents who contributed the content, and are protected by U.S. and international intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to view the Site for personal, non-commercial recruiting evaluation only. All other rights are reserved.

5. User Submissions

If you submit content through the Site (including form submissions or testimonials), you grant HomeSmart EGR a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, copy, modify, publish, and display that content in any media for any lawful business purpose, including recruiting and marketing. You represent that you have all rights necessary to grant this license and that the content is accurate and does not violate any third-party right.

6. Third-Party Services and Links

The Site incorporates third-party services (including Zoho CRM forms, Google Calendar, OpenStreetMap, Google Fonts, and UserWay accessibility) and may link to third-party sites. We do not endorse or assume responsibility for any third-party content, product, or practice, and your use of those services is at your own risk and subject to their terms.

7. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. STATISTICS, COMMISSION EXAMPLES, AND AGENT TESTIMONIALS ARE ILLUSTRATIVE AND NOT GUARANTEES OF RESULTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMESMART EGR AND ITS AFFILIATES, FRANCHISOR, OFFICERS, AGENTS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

9. Indemnification

You agree to defend, indemnify, and hold harmless HomeSmart EGR and its affiliates, franchisor, officers, agents, and employees from any claim, damage, loss, liability, and expense (including reasonable attorneys' fees) arising out of or related to your use of the Site, your submissions, or your breach of these Terms.

10. Governing Law and Venue

These Terms are governed by the laws of the State of California without regard to conflict-of-law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California for any dispute not subject to arbitration.

11. Binding Arbitration; Class Waiver

Except for claims that qualify for small-claims court and claims for injunctive relief to protect intellectual property, any dispute arising out of or related to these Terms or the Site will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules in Orange County, California. You and HomeSmart EGR each waive any right to a jury trial and to participate in a class, collective, or representative action.

12. Fair Housing and Equal Opportunity

HomeSmart EGR supports Equal Housing Opportunity and complies with applicable fair housing and anti-discrimination laws. Each office is independently owned and operated.

13. Changes to the Terms

We may modify these Terms at any time by posting a revised version. Your continued use of the Site after posting constitutes acceptance of the modified Terms.

14. Contact

HomeSmart Evergreen Realty · DRE #01814504
Email: careerservices@homesmartegr.com
Phone: (833) 888-7156