Terms of Service

Welcome to Geodoma ("We", "Us", "Platform"), operated from San Francisco, California, United States. Please read this agreement carefully before accessing or using Geodoma's website, located at www.geodoma.com, or voice and mobile applications or before participating in any online features, services, and programs offered by the Platform related to online communications, responding to inquiries and management as related to the online media industry (collectively, the "Service").

Each time you ("You", "User") access or use the Service, you agree to be bound by these Terms of Service ("Terms") as well as the Privacy Policy ("Privacy Policy") and any other terms or agreements that may be posted on the Service as amended from time to time (collectively, the "Services Agreements").

If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain features of the Service may be subject to additional terms of use that will be made available for your review in conjunction with accessing such features. By using such features, or any part thereof, you are expressly indicating that you have read and agree to be bound by the applicable additional terms of use. In the unlikely event that any of the additional terms of use governing such a feature are in conflict with these Terms, the additional terms shall control.

Digital Content Services

For the avoidance of doubt, the Platform is a free speech online digital media service that exclusively engages in the publishing, distributing, and sharing of digital content ("Content").

Specifically, the Platform is a worldwide (1) multi-sided online digital platform for real estate listings advertised by others; (2) Geolocation Listing Service ("GLS") multi-sided online digital platform for real estate listings advertised by others; (3) online digital content publisher of real estate listings promoted and advertised by others; and (4) online digital content publisher of general promotions of real estate products and services offered and sold by others.

Platform is not a real estate entity in any jurisdiction. Platform does not engage in performing any of the acts as an employee of, or in behalf of, the owner of real estate, or interest therein, or improvements affixed thereon at a salary or for a fee, real estate referral fee, real estate commission, or other real estate related consideration. In the United States, the Platform does not pay or receive broker-to-broker referral fees in any jurisdiction pursuant to cooperative brokerage and referral arrangements or agreements between real estate agents and real estate brokers within real estate brokerage arrangements when all parties are acting in a real estate brokerage capacity (see 12 C.F.R. 1024.14(g)(1)(v), CFPB Regulation X, and 12 U.S.C. 2607(c)(3), RESPA Section 8). Platform does not engage in any service actually performed for any parties to a real estate settlement transaction. Platform does not engage in selling, exchanging, buying, renting, or leasing real estate. Platform does not engage in offering to sell, exchange, buy, rent, or lease real estate. Platform does not engage in selling or offering to sell or exchange an existing lease of real estate. Platform does not engage in negotiating the purchase, sale, or exchange of real estate. Platform does not engage in the actions of listing, offering, attempting, or agreeing to list real estate. Platform does not engage in auctioning or offering, attempting, or agreeing to auction real estate. Platform does not engage in buying, selling, offering to buy or sell, or otherwise dealing in options on real estate.

Third-party Users perform all actions of listing, offering, attempting, or agreeing to sell, exchange, buy, rent, or lease real estate using Services. Third-party Users are either (1) licensed real estate professionals acting on behalf of their clients; or (2) unrepresented consumers acting on own behalf as principals in acquiring or in negotiating to acquire, or in parting with or in negotiating to part with, any interest in real estate.

Real Estate Professionals Permissible Use

As a real estate professional, you are a Professional User of Platform. Professional Users must be a person, firm, partnership, limited liability company, association, or corporation who, in consideration of compensation by fee, commission, salary, or anything of value or with the intention of receiving or collecting such compensation, engages in or offers or attempts to engage in, either directly or indirectly, by a continuing course of conduct or by any single act or transaction, any of the acts of bringing two or more parties together for the purpose of consummating a real estate transaction.

The Platform does not refer, recommend, or endorse specific real estate professionals to consumers. Moreover, the Platform does not accept advertising payments from real estate professionals on the Platform. To actively and visibly maintain a public profile on the Platform is 100% free for every honest and qualified real estate professional.

Real estate professionals must be fully licensed and provide complete and accurate information with regards to licensing status, years of experience, contact information, services offered, areas of service, and a broker of record.

Real estate professionals may not provide false or misleading information or false contact information using Services. Real estate professionals must not advertise services that they are unable to provide. Real estate professionals may not leave outdated information using Services. In the event a real estate professional wishes to stop using the Services, they must expressively opt-out of the Service. It is the full responsibility of the real estate professional to maintain all postings until expressively canceled or removed. Platform may remove any information posted by real estate professionals that do not meet its policy at any time and for any reason under its sole discretion.

Non-Solicitation of Real Estate Services

As a real estate professional, you may not contact any unrepresented consumers on the Platform for the purpose of soliciting professional services to them. Any communication sent to an unrepresented seller (For Sale by Owner seller), or an unrepresented buyer that solicits, suggests, promotes, or offers real estate settlement services of any kind in consideration of compensation will be flagged as unwanted solicitation.

As a real estate professional, you may only contact an unrepresented seller (For Sale by Owner seller), or an unrepresented buyer for the purpose of bringing two or more parties together for the purpose of consummating a real estate transaction. This policy is important to protect User privacy of unrepresented consumers who do not wish to employ real estate professional for their real estate transaction needs. However, Platform strongly recommends that unrepresented consumers consider reaching out to qualified real estate professionals using Services to help facilitate their buying or selling real estate transactions locally.

Unrepresented Consumers Permissible Use

As an unrepresented seller (For Sale by Owner seller), or an unrepresented buyer, you are a Personal User of the Platform. Personal Users must be a person, firm, partnership, limited liability company, or association acting personally or a corporation acting through its officers or regular salaried employees, on behalf of that person, or on your own behalf as principal in acquiring or in negotiating to acquire any interest in real estate.

Unless you are a real estate professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf as the sole principal.

You may copy information from the Services only as necessary for your personal use to view, save, print, fax, or e-mail such information. You agree otherwise 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. You may not provide false or misleading information or false contact information using Services. You may not leave outdated information using Services. In the event you wish to stop using the Services, you must expressively opt-out of the Service. It is your full responsibility to maintain all postings until expressively canceled or removed. The Platform may remove any information posted by real estate professionals that do not meet its policy at any time and for any reason under its sole discretion.

User Obligations

You agree to abide by all applicable local, state, national and international laws and regulations pertaining to accessing and using the Service. You also acknowledge and agree that your use of the Internet to access the Service is solely at your own risk.

User Communications

By creating an account for the purposes of using the Service ("Account"), you agree to subscribe to newsletters, marketing or promotional materials, and other information the Platform may send, including by e-mail, SMS, text messaging, automated voicemail drops and push notifications. However, you may opt-out of receiving any, or all, of these communications from the Platform, at any time and upon your preference. You may opt-out of receiving e-mail communications by clicking on the unsubscribe link provided in any e-mail sent by the Platform and then following the affiliated instructions provided. You may opt-out of receiving SMS and text messages by replying "STOP" to any text sent by the Platform. You may opt-out of receiving phone calls by communicating that preference with receiving a phone call from the Platform. The Platform will make commercially reasonable efforts to comply with any communications from you requesting an opt-out of communications.

Digital Orders and Publishing Fees

There are no reoccurring subscription fees for using Services. The Platform makes money when our Users post new real estate listings using Services.

To purchase any digital product or digital service made available through the Services ("Purchase"), you may be required to supply certain information relevant to your Purchase, including, but not limited to, your credit card number, card expiration, billing address, and shipping preference and address.

You represent and warrant that: (1) you have the legal right to use any credit card(s) or other payment method(s) used in connection with any Purchase; and that (2) the information you supply to the Platform related to a Purchase is true and accurate.

The Service may employ third-party services to facilitate payment and completion of Purchases. By submitting your information to the Service, you grant the Platform the right to provide that information to its third-party service providers subject to the Terms of Service and Privacy Policy of such third-party services.

The Platform reserves the right to refuse or cancel your order at any time for reasons including, but not limited to: (1) suspicion of fraudulent, unauthorized, or illegal Purchase transactions; (2) availability of a product or service; (3) errors in the description or listed price of a product or service; (4) any improper use of Services; or (5) other errors or related reasons.

Without any exceptions, all of the Platform's fees are non-refundable, nominal, and upfront digital Content publishing fees. Platform's online digital Content publishing fees are never based on the successful sale or lease of real estate, or the overall value of the underlying real estate transaction. The Platform maintains no involvement in any real estate transactions. The only lawful consideration (anything of value, tangible or intangible, that may be transferred in exchange for something else of value) exchanged between the Platform and Users using Services are (1) online digital Content publishing fees; (2) online digital Content publishing space; (3) use of Services as an online communication system; (4) network effects.

User Content

You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

The Service allows you to post, link to, store, share, and otherwise make available certain information, text, graphics, videos, or other material, collectively digital Content that you own and have full rights to display. Specifically, you may not use Services to:

The Platform has the right, but not the obligation, to monitor and edit all Content provided by Users. Please be aware that the Platform can remove any material posted by a User that it finds, in its sole discretion, to be objectionable, with or without notice to said User. Any User failing to comply with these guidelines may be expelled from and refused continued access to forums maintained by the Platform in the future. The Platform expressly disclaims any and all responsibility and makes no representations as to the validity of any opinion, advice, information or statements made or displayed in forums by third parties, nor is the Platform responsible for any errors or omissions in any such postings or for hyperlinks embedded in any message.

By posting Content on or through the Service, you represent and warrant that: (1) the Content is yours (you own it), and/or you have the right to use it and the right to grant the Platform the rights and license as provided in these Terms; and (2) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service, you grant the Platform the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. In addition, Content found on or through this Service is the property of the Platform or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Platform.

User Accounts

When you create an account with the Platform, you warrant and guarantee that you are above the age of 18 and that the information you provide the Platform is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and/or access to the Service. The Platform reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You agree that you will not use the Service in a manner that is inconsistent with the rights and restrictions as set forth in these Services Agreements.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is for our Service or a third-party service. You must notify the Platform immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a Username the name of another person or entity or one not lawfully available for use, a name or trademark subject to any rights of another person without appropriate authorization. You may not use as a Username any name that is offensive, vulgar or obscene. If you choose to communicate with or meet other Users of the Service, associated content or forums, you do so entirely at your own risk. You hereby understand and acknowledge that there are risks involved with meeting people in person from an online community, including, but not limited to, risks of physical harm. You assume any and all risks associated with in-person contact with other Users outside of the use of the Service and associated content and forums.

Intellectual Property

The Service and its original content (excluding Content provided by Users), features and functionality are and will remain the exclusive property of the Platform and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Platform's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Platform. The Service and its original content may not be reproduced, transmitted or distributed without the prior written consent of the Platform. The Platform respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via Contact Form, with the subject line "Copyright Infringement" and include a description of the alleged Infringement as detailed below under "DMCA Notice and Procedure for Copyright Infringement Claims."

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

United States Digital Millennium Copyright Act (DMCA)

DMCA Notice and Procedure for Copyright Infringement Claims.

You may submit notification of a claim of copyright infringement, pursuant to the Digital Millennium Copyright Act, by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further detail):

You can contact our Copyright Agent via Contact Form.

United States Fair Housing Act (FHA)

In the United States, it is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities. The Fair Housing Act (see 42 U.S.C. Sections 3601-3619) prohibits this discrimination because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability. All Users in the United States agree to adhere to the Fair Housing Act and will not discriminate because of race, color, religion, sex, disability, family status, or national origin. All Users in the United States must fully read the Fair Housing Act before creating an account to ensure compliance.

United States Sherman Antitrust Act (Sherman Act)

In the United States, the Sherman Antitrust Act (see 15 U.S.C. Sections 1,2) prohibits various types of horizontal price fixing, bid rigging, consumer allocation agreements, and conspiracy or combination to monopolize. Real estate professionals using Services may not engage in price fixing, bid rigging, market and consumer allocation among competitors. Real estate professionals using Services may not establish horizontal customer allocation networks by means of agreements among competitors at the same level of distribution of a product or service that each will service certain designated customers or classes of customers and will not attempt to compete, or will limit the manner in which they will compete, for the business of customers allocated to a competitor. All Users in the United States agree to adhere to the Sherman Antitrust Act and will not enter into a contract, combination, or conspiracy in restraint of trade, and will not engage in monopolization, attempted monopolization, or conspiracy or combination to monopolize. All Users in the United States must fully read the Sherman Antitrust Act before creating an account to ensure compliance.

United States Federal Trade Commission Act (FTC Act)

In the United States, the Federal Trade Commission Act (see 15 U.S.C. Sections 41-58) is the primary statute of the United States Federal Trade Commission (FTC). Under the FTC Act, the FTC is empowered, among other things, to prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce and seek monetary redress and other relief for conduct injurious to consumers. All Users in the United States agree to adhere to the FTC Act and will not engage in unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce. All Users in the United States must fully read the Federal Trade Commission Act before creating an account to ensure compliance.

United States Real Estate Settlement Procedures Act (RESPA)

In the United States, the Real Estate Settlement Procedures Act and United States Consumer Financial Protection Bureau (CFPB) Regulation X (see 12 U.S.C. Section 27 and 12 C.F.R. Part 1024) provides consumers with improved disclosures of settlement costs and to reduce the costs of closing by the elimination of referral fees and kickbacks. All Users in the United States agree to adhere to the RESPA and Regulation X and will not engage in the giving and accepting of any portion, split, or percentage of charges made or received for real estate settlement service business, unless for services actually performed. All Users in the United States must fully read the Real Estate Settlement Procedures Act and CFPB Regulation X before creating an account to ensure compliance.

Links to Third-Party Web Sites

Some links on the Service will direct you to a third-party website ("Linked Site"). The Platform may provide such links as a convenience. You understand and acknowledge that the Platform does not control such a Linked Site or its contents. The Platform is not responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You acknowledge and agree that the Platform shall not be responsible or liable, either directly or indirectly, for any and all damage or loss caused or allegedly caused by or in connection with the use of any of the links, content, goods, or services available via a Linked Site. The Platform strongly advises you to read the terms and conditions and privacy policies of any third-party site you access.

Termination of Services

The Platform may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in the Platform's sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of the Terms.

If you wish to terminate your Account, you may send notice to the Platform via the Contact Form.

All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless the Platform and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys' fees) resulting from or arising out of a) the use of and access to the Service by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.

Limitation of Liability

THE PLATFORM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER REASON ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE USE OF OR INABILITY TO USE THE SERVICE; (2) ANY CONTENT CONTAINED ON THE SERVICE; (3) ANY STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT; (4) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICE AND/OR ITS CONTENT; (5) ANY ACTION OR INACTION TAKEN IN RESPONSE TO OR RESULTING FROM ANY AND ALL INFORMATION AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT AND ANY DAMAGE CAUSED BY LOSS OF ACCESS; (6) ANY OTHER MATTER ARISING FROM OR RELATING TO THE USE OF THE SERVICE AND/OR ITS CONTENT; (7) ANY OTHER MATTER ARISING FROM OR RELATING TO THE INABILITY TO USE OR ACCESS THE SERVICE AND/OR ITS CONTENT.

UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE PLATFORM OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS, TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE OR ITS CONTENT.

Warranty Disclaimer

THE SERVICE AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE PLATFORM CANNOT AND DOES NOT WARRANT THAT THE SERVICE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED THEREON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, THE SERVERS, OR ANY E-MAILS SENT FROM THE PLATFORM ARE FREE OF VIRUSES AND ANY OTHER HARMFUL COMPONENTS. THE PLATFORM SHALL NOT BE LIABLE FOR DAMANGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Warranty Disclaimer Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Force Majeure

The Platform shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Platform, including, but not limited to, any failure to perform the obligations hereunder or those found in any additional terms, due to unforeseen circumstances or causes beyond the control of the Platform, such as acts of God; fire; flood; earthquake; accidents; strikes; war; terrorism; governmental acts; failure of common carriers (including, but not limited to, Internet service providers and website hosting providers); and shortages of transportation facilities, fuel, energy, labor or materials.

Availability, Errors, and Inaccuracies

The Platform is constantly updating product and service offerings on the Service, and sometimes there are delays between an update of information on the Service and a corresponding update to the Platform's advertising. There is also potential for the information on the Service to contain errors or inaccuracies or be incomplete or outdated.

The Platform does not guarantee the accuracy or completeness of any information found on the Service and reserves the right to update information and correct errors, inaccuracies, or omissions at any time without prior notice.

Governing Law and Jurisdiction

By accessing or using the Service, you agree to be bound by these Terms, which shall be governed by, and construed in accordance with, the laws of the State of California and the United States, exclusive of its choice of law rules. For any Disputes deemed not subject to binding, individual arbitration, as provided in the section immediately below, you and the Platform agree to submit to the exclusive jurisdiction of the State of California, or, if federal court jurisdiction exists, the United States District Court, Northern District of California. You and the Platform agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This Section will be interpreted as broadly as applicable law permits.

Class Action Waiver

Any claim or other proceedings by or between you and the Platform shall be conducted on an individual basis and not in any class action, mass action, or on consolidated or representative basis. You further agree to waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction.