These HomeEscape Paid Search Results Placement Program (“Program”) Terms and Conditions (“Paid SRP Terms”) are entered into by HomeEscape Inc. (“HomeEscape”) and the property owner or manager who is registered to participate in the Program (“you” or “your”). These Paid SRP Terms govern your participation in the Program and associated services.
1. How the Program Works. The HomeEscape search results algorithm system will inform you (i) where your property(ies) stands in the current search results based upon criteria relevant to your property location, and (ii) how much you need to bid in order to be placed within a specific search result page. Your search placement is relative to other bidders, which means that you can outbid another property listing to get higher placement in the search results. The highest bids will be placed within the top results for a specific geographic search area.
1.1 SRP Bidding. The Program requires you to bid in order to have your property placed in a certain location within the search results for the relevant geographic area of the property. To bid, you must use your HomeEscape Escape Credits (see Escape Credits Terms). Bids are made on a property by property basis and are made for property search results placements for the following month. All bidding for the placement results for the following month will conclude at 11:59pm ET on the last day of the current calendar month. Property bids are only applicable for specific geographic advertising regions, i.e., you bid against others within the same geographic advertising region. The Program website interface will identify the approximate minimum bid amount ( “Minimum Bid”) needed to be placed on a given page (e.g., to be placed on page 1 of the search results for Miami, the Program interface may show that you need to bid at least 20 Escape Credits). You must bid at least the displayed Minimum Bid to be placed on the desired page. Others participating in the Program will be bidding for the placement in the search results for their properties as well. This continuous bidding system requires you to continue to bid during the applicable month to secure your search results placement for the following month. If you disable the Program on your account, then you will lose whatever search ranking your property acquired through the Program for the following month (i.e., after your paid month has concluded). By way of example and not limitation: to secure search results placement for a property in Miami for the month of April, you must place a bid through the Program before midnight on March 31.
1.2 No Guarantee of Placement. It is possible that you could be outbid by others and you will not retain the placement that you initially bid for. The Program has an approximate standard deviation of 10%, which means it is possible that you can be outbid for your geographic advertising region at the last moment if there is a high volume of other bidders in your geographic advertising region.
1.3 Minimum Bid Fluctuation.PLEASE NOTE: The Minimum Bid amount will fluctuate during the month depending upon the bids already placed by others for the geographic advertising region. You must log in to the Program dashboard regularly to check the current Minimum Bid amount for the desired search results page and make any adjustments to your bid needed to maintain your placement. You are solely responsible for placing bids for your property(ies) and HomeEscape shall have no liability for you not maintaining a desired search results placement if you have not updated your bid to account for fluctuation of the Minimum Bid.
1.4 Search Results Placement.Once bidding under the Program is completed for a month as described above, during the following month, your listing will appear in the search results for the geographic advertising region in which your property is located and on the applicable search results page based upon the amount of your bid in relation to all other bids for that geographic advertising region. In the event you are outbid, your listing will be placed below the other listings with higher bids. As noted above, the Minimum Bid for a particular search results page may continuously change based upon the bidding by others until the end of bidding for a month and, therefore, there is no guarantee of placement on a particular search results page until the end of the bidding cycle and HomeEscape shall have no liability if you are out bid at the final moment, which may result in lower placement in the search results for your Property. If you do not participate in the Program or do not submit a bid for a particular month, your property listing will appear normally in its organic placement.
1.5 Monthly Recurring Bids. The Program enables you to maintain a consistent monthly bid for search result placement by automating your monthly bid to ensure a bid is made for the following month (“Monthly Recurring Bid”). PLEASE NOTE: The Monthly Recurring Bid option automatically places a bid of the amount you selected each successive month and does not guarantee that your bid will not be outbid by another bidder for a given month, and thus change your search result position for your Property. The Monthly Recurring Bid option DOES NOT automatically increase your bid to ensure search result placement - you must monitor your current search result position for each Property through the Program dashboard to ensure desired search result placement and bidding performance. You are solely responsible for increasing your bid amount in the event your set Monthly Recurring Bid amount is outbid. You must also ensure that you maintain enough HomeEscape Escape Credits in your account to pay the Monthly Recurring Bids.
1.6 Payment for Program. You must pay all charges incurred in connection with the Program by using HomeEscape Escape Credits in all bidding transactions. When your Escape Credit balance is exhausted, you will need to purchase more Escape Credits unless you have selected Auto Top Ups (see Escape Credits Terms). You cannot offset any payment due under these Paid SRP Terms against any other payment due or owing to you in connection with your participation in HomeEscape services. HomeEscape is not obligated to deliver any SRP results in excess of any credit limit. All bid transactions are final and non-refundable.
2. Owner Responsibilities. You are solely responsible for your participation in the Program and use of the Program dashboard, including without limitation access to and use of your HomeEscape account and safeguarding your username and password.
3. Warranty Disclaimer. HOMEESCAPE DOES NOT PROMISE THAT SPECIFIC RESULTS WILL OCCUR FROM YOUR USE OF THE PROGRAM. THE PROGRAM AND ALL SERVICES AND CONTENT ASSOCIATED WITH IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU PARTICIPATE IN THE PROGRAM YOU DO SO AT YOUR OWN RISK. HOMEESCAPE SHALL IN NO WAY BE LIABLE TO YOU FOR ANY DISRUPTION OR UNAVAILABILITY OF THE PROGRAM OR WEBSITE DURING WHICH YOU ARE UNABLE TO ACCESS OR USE THE PROGRAM DASHBOARD OR ANY FAILURES THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF A BID OR PAYMENT.
HOMEESCAPE DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PROGRAM DASHBOARD. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK
4. Limitation of Liability.UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HOMEESCAPE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PROGRAM AND RELATED SERVICES AND CONTENT.
5. Indemnity.You agree to defend, indemnify, and hold HomeEscape, its subsidiaries, and affiliates, and the officers, directors, agents, and employees of each of them harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Paid SRP Terms. In the event that third parties believe they are harmed by any content you post on the website, and such content gives rise to violation of privacy claims, claims of infringement, claims related to use of a third party’s image without consent or any other claims of damage by a third party (each a “Third Party Claim”), then you agree to defend, indemnify, reimburse, and hold HomeEscape harmless from all costs and expenses (including reasonable attorneys’ fees) arising from such Third Party Claim. HomeEscape may give you notice of and shall have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
6. Modifications to these Paid SRP Terms. HomeEscape may modify and change these Paid SRP Terms at any time, from time to time with any modifications or changes to take effect prospectively when you next access the website. Please feel free to print out a copy of these Paid SRP Terms for your records.
7. Assignment. . These Paid SRP Terms shall not be assignable by you, either in whole or in part. HomeEscape reserves the right to assign its rights and obligations under these Paid SRP Terms.
8. Choice of Law; Forum. These Paid SRP Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida in the judicial district where HomeEscape has its principal place of business. The parties further agree that any cause of action arising under these Paid SRP Terms shall exclusively be brought in such courts. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE PROGRAM MUST BE COMMENCED BY FILING SUIT IN MIAMI-DADE COUNTY, FLORIDA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
9. General.If any provision of these Paid SRP Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. HomeEscape’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The terms and conditions contained in these Paid SRP Terms set forth the entire understanding and agreement between HomeEscape and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
10. Relationship to Other Terms.These Paid SRP Terms must be read in conjunction with our General Terms and any other agreements into which you may enter concerning the Website or our Services (if any). To the extent these Paid SRP Terms conflict with our General Terms, these Paid SRP Terms control solely as to the Paid SRP Program. To the extent these Paid SRP Terms conflict with the terms of another specific agreement or set of terms, (i) these Paid SRP Terms control solely as to the Paid SRP Program, and (ii) the other specific agreement or set of terms controls as to the subject matter of the specific agreement or set of terms.
11. Contact Us. If you have any questions about these Paid SRP Terms, the practices of this Site, or your dealings with this Website, please contact us at: firstname.lastname@example.org
12. Effective Date: The effective date of these Paid SRP Terms is May 4th, 2017.
COPYRIGHT AND LEGAL NOTICE. Copyright © 2017 HomeEscape.com, Inc. All Rights Reserved.
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