ESTATEHERE.COM TERMS AND CONDITIONS

Welcome to EstateHere.com, an innovative real estate marketplace in Staten Island, New York. EstateHere.com provides an open listing platform for homeowners, real estate professionals, and buyers to connect, list properties, and manage their transactions. The platform offers various features, including free property listings for residential and commercial properties, lead tracking, appointment management, and networking opportunities. EstateHere.com also allows users to explore flexible payment options, including cryptocurrency and NFTs, while providing a user-friendly interface to enhance the real estate experience.
By accessing, registering, or using any part of the EstateHere.com platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. This acceptance applies whether you are a guest user, a registered member, or a business utilizing premium features or advertising services. If you are acting on behalf of an entity, you represent that you have the authority to bind the entity to these Terms.
If you disagree with these Terms, you are prohibited from using the platform and its services.

• User Responsibilities for Property Listings and Transactions

Users who create property listings or engage in transactions through the Platform are responsible for ensuring that property listings comply with all applicable laws and regulations, negotiating and finalizing transaction terms independently, including payment methods (e.g., cryptocurrency, NFTs), adhering to ethical practices and respecting the rights of other Users, and managing any legal, tax, or financial obligations related to transactions.
EstateHere.com serves solely as a tool to facilitate connections between Users and does not participate in or guarantee the outcome of any transactions.
2.3 Prohibited Activities
Users are prohibited from engaging in any activities on the Platform that are illegal, unethical, or harmful to other Users or EstateHere.com. Prohibited activities include, but are not limited to:

• Posting false, misleading, or fraudulent property listings or information.
• Using the Platform for unauthorized purposes, such as spam, phishing, or distributing malware.
• Violating applicable laws, including real estate, housing, and advertising regulations.
• Uploading or sharing content that is defamatory, obscene, offensive, or infringes on the intellectual property rights of others.
• Attempting to gain unauthorized access to the Platform, its systems, or other Users' accounts.
• Engaging in activities that disrupt or interfere with the proper functioning of the Platform, including hacking or introducing harmful code.

EstateHere.com reserves the right to investigate and take appropriate action against Users who violate these prohibitions, including suspending or terminating accounts, removing content, and reporting to appropriate authorities.

• PROPERTY LISTINGS

3.1 Rules for Listing Properties
EstateHere.com allows Users to list residential and commercial properties for free. When creating a property listing on the Platform, Users agree to include accurate and complete details about the property, such as location, size, condition, pricing, and availability, and upload only property-related images or media that are appropriate, relevant, and comply with these Terms, regularly update the listing to ensure that all information remains current and accurate, and use the listing tools provided by the Platform for lawful purposes only.
Users are prohibited from creating multiple listings for the same property unless explicitly allowed by EstateHere.com. EstateHere.com reserves the right to remove any listings that violate these rules or are deemed inappropriate, misleading, or fraudulent.
3.2 Compliance with Laws (e.g., Fair Housing Act)
All property listings must comply with applicable federal, state, and local laws and regulations, including, but not limited to, the Fair Housing Act, which prohibits discriminatory practices in real estate advertising. Users agree not to post discriminatory language or preferences in property descriptions or restrict or target listings in a way that excludes or discriminates against individuals based on race, color, religion, sex, disability, familial status, national origin, or any other protected category.
Users are solely responsible for ensuring their property listings meet all legal requirements. EstateHere.com may remove listings that violate applicable laws or regulations without prior notice.
The Platform allows Users to offer incentives to potential buyers or brokers as part of their property listings. These incentives may include, but are not limited to, financial bonuses, reduced closing costs, or other benefits. Users who choose to include incentives in their listings are responsible for clearly outlining the terms and conditions of the incentive, ensuring that such incentives comply with applicable laws and regulations, and honoring the incentive as described if a transaction is completed.
EstateHere.com does not negotiate or enforce incentives and disclaims any liability arising from disputes related to incentives offered in listings.

• PAYMENT TERMS

4.1 Payment Options and Platform Role in Payment Facilitation
EstateHere.com enables users to negotiate independently and determine payment terms for real estate transactions. The Platform supports flexible payment options, including but not limited to traditional payment methods (e.g., cash, checks, wire transfers), cryptocurrency (e.g., Bitcoin, Ethereum, or other blockchain-based assets), and non-fungible Tokens (NFTs) as a form of payment or asset transfer. Users are responsible for mutually agreeing upon the payment method as part of their transaction and ensuring compliance with any applicable laws and regulations related to their chosen method.
By choosing to utilize cryptocurrency or NFTs as a payment method, Users acknowledge and accept the inherent risks associated with such transactions, including market volatility that may impact the value of cryptocurrency or NFTs, potential delays or transaction failures due to network or blockchain issues, regulatory uncertainties or restrictions in certain jurisdictions, and lack of recourse or chargeback options in cases of fraud or disputes.
EstateHere.com acts solely as a facilitator for property listings and communications between Users. The Platform does not process or handle payments for transactions, offer escrow services as an intermediary, or guarantee the completion or validity of any payments made between Users. All financial arrangements, including payment terms and methods, are determined and executed directly between the buyer, seller, and their respective representatives (e.g., lawyers and brokers).
EstateHere.com makes no representations or warranties regarding the security, legality, or reliability of cryptocurrency or NFT transactions and disclaims any liability arising from their use.
4.2 User Responsibility at Closing
Users are solely responsible for managing and completing the closing process for their real estate transactions. This includes engaging legal professionals or closing agents to oversee and finalize the transaction, ensuring that all agreed-upon payments, including cryptocurrency or NFT transfers, are executed in a timely manner, and resolving any disputes related to payment terms, amounts, or conditions without involving EstateHere.com.
EstateHere.com is not involved in the closing process and does not provide legal, financial, or escrow services. Any disputes or issues arising from payment terms or closing arrangements must be resolved directly between the parties involved.

• PREMIUM FEATURES AND ADVERTISING

EstateHere.com offers optional premium features designed to enhance visibility and functionality for Users, particularly real estate professionals, brokers, and advertisers. These premium services may include, but are not limited to:

• Featured Listings: Prominent placement of property listings for greater exposure to potential buyers or renters.
• Priority Advertising: Place ads or sponsored content in obvious sections of the Platform.
• Enhanced Analytics: Advanced tools to track listing performance, user engagement, and lead generation.
• Custom Branding Options: Opportunities to customize how listings or ads appear to showcase your brand.

These premium features are available to Users for a fee, as outlined in the pricing details provided during the purchase process.
EstateHere.com may allow Users and third-party partners to advertise or promote sponsored content on the Platform. Such content may include banner ads, pop-ups, sidebar promotions, Sponsored listings or featured properties, and other industry-relevant promotions, such as mortgage services or credit repair.
All sponsored content and advertisements will be marked as such to maintain transparency. EstateHere.com does not endorse or guarantee the accuracy, quality, or reliability of any advertisements or sponsored content provided by third parties.
EstateHere.com reserves the right to review, approve, or decline any sponsored content or advertisements submitted for display on the Platform. The Platform may also remove previously approved content if it violates these Terms, applicable laws, or ethical standards, contains misleading, offensive, or inappropriate material, or receives complaints or negative feedback from Users.

• LEAD GENERATION AND USAGE

6.1 Nature of Leads Collected
EstateHere.com generates leads as part of its services to support Users in their real estate and related business needs. These leads may include, but are not limited to:

• Real Estate Leads are information about potential buyers, sellers, and renters interested in properties listed on the Platform.
• Mortgage Leads: Individuals seeking mortgage financing or refinancing options.
• Credit Repair Leads: Contacts for individuals or businesses interested in credit improvement services.
• Business Funding Leads: Entrepreneurs or businesses seeking funding opportunities.
• Other Related Leads: Users expressing interest in ancillary services tied to the real estate industry.

These leads are generated from user activity on the Platform, such as inquiries, registrations, and submitted forms.

• MESSAGING AND COMMUNICATION

7.1 Use of Internal Messaging System
EstateHere.com provides an internal messaging system to facilitate communication between Users, buyers, sellers, renters, and real estate professionals. This messaging feature is intended to allow Users to discuss property details and coordinate showings or appointments, negotiate terms or incentives related to property transactions, and facilitate professional networking and the sharing of relevant real estate information.
By using the internal messaging system, Users agree to communicate respectfully and responsibly and use the system solely for purposes related to the Platform’s intended functions.
To maintain a safe and professional environment, Users are prohibited from sending the following types of content through the internal messaging system:

• Messages that promote or discuss illegal activities or violate applicable laws or regulations.
• Threats, harassment, hate speech, or defamatory, discriminatory, or otherwise harmful content.
• EstateHere.com does not permit unsolicited advertisements, bulk messaging, or promotional content.
• False, misleading, or deceptive messages intended to defraud or manipulate other Users.
• Content containing viruses, malware, or any harmful code that could disrupt or compromise the Platform’s functionality.

EstateHere.com reserves the right to remove or restrict access to the messaging system for Users who violate these guidelines.

• Monitoring and Moderation of Communications

EstateHere.com may monitor communications conducted through the internal messaging system to ensure compliance with these Terms and protect the Platform's integrity. While EstateHere.com does not actively review every message, it reserves the right to investigate reports of prohibited content or misuse, remove or block messages deemed inappropriate, harmful, or in violation of these Terms, and suspend or terminate accounts of Users who repeatedly misuse the messaging system.
Users acknowledge and agree that their messages may be subject to review, and they do not expect complete privacy when using the internal messaging system. However, EstateHere.com is committed to respecting User confidentiality and will only access communications as needed for compliance or security purposes.

• DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties
EstateHere.com provides the Platform and its services on an “as is” and “as available” basis without any warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, accuracy of information, or uninterrupted access. EstateHere.com does not guarantee that the Platform will meet specific needs, provide error-free or uninterrupted service, or ensure the accuracy or reliability of property listings and User-submitted content. Users acknowledge that their use of the Platform is entirely at their own risk.
8.2 Limitation of Liability for Transactions
EstateHere.com serves solely as a facilitator for property listings and communications between Users and does not participate in transactions or agreements between them. As such, EstateHere.com is not liable for any disputes, delays, or failures related to property sales, payments, or other User interactions. The Platform does not provide legal, financial, or real estate advisory services and is not responsible for ensuring the legality or enforceability of any transactions. EstateHere.com disclaims liability for any damages, financial losses, or other consequences arising from transactions conducted through the Platform.
Users are solely responsible for conducting their due diligence, negotiating transaction terms, and seeking professional legal or financial advice as needed before entering into any agreements. EstateHere.com encourages all Users to exercise caution and make informed decisions when engaging in transactions through the Platform.
8.3 No Guarantee of Listing Performance or Leads
EstateHere.com does not guarantee the performance or success of the platform's property listings, leads, or premium features. This includes no assurances that listed properties will attract inquiries, offers, or buyers, no guarantees regarding the quality or conversion rate of leads, and no promises about the outcomes or results of using premium services, even if they enhance visibility. Users acknowledge that results may vary and depend on factors outside the control of EstateHere.com, including market conditions and User actions.

• INTELLECTUAL PROPERTY

9.1 Ownership of Platform Content
All content, materials, and intellectual property available on the EstateHere.com platform, including but not limited to text, images, graphics, logos, trademarks, software, and other features, are the exclusive property of EstateHere.com or its licensors. This includes all rights, titles, and interests in the platform's design, layout, and functionality, proprietary tools, algorithms, and databases used to operate the Platform, and brand elements, including trademarks, service marks, and logos.
Users are prohibited from copying, reproducing, distributing, modifying, or creating derivative works from any content on the Platform without the express written permission of EstateHere.com.

• License to Use User-Generated Content

By uploading, posting, or submitting content to the Platform (e.g., property listings, images, descriptions, reviews, or other materials), Users grant EstateHere.com a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, reproduce, modify, adapt, publish, and distribute the content to operate, promote, or to improve the Platform and share the content with third-party affiliates or partners to facilitate the services provided by the Platform.
Users represent and warrant that they own or have the necessary rights, licenses, and permissions to submit the content and grant the license described above. EstateHere.com is not responsible for verifying ownership or the accuracy of User-generated content.
Users are prohibited from engaging in any unauthorized use of our intellectual property, including downloading or extracting data for commercial purposes without authorization, misusing trademarks or logos in a way that causes confusion or implies endorsement, and reverse-engineering or attempting to access the Platform’s proprietary tools or source code. Such unauthorized actions may result in account suspension or termination and could lead to legal action, including claims for damages and injunctive relief.

• TERMINATION OF ACCOUNTS

10.1 Grounds for Account Suspension or Termination
EstateHere.com reserves the right to suspend or terminate a User account at its sole discretion, with or without notice, for reasons including but not limited to:

• Breach of these Terms and Conditions or any other policies applicable to the Platform.
• Use of the Platform for unlawful purposes, including fraudulent activities, money laundering, or other prohibited conduct.
• Engaging in activities that disrupt or harm the platform's operation, such as spamming, hacking, or introducing malicious software.
• Posting false, deceptive, or incomplete property listings or submitting fraudulent content.
• Harassing, threatening, or abusing other Users or EstateHere.com representatives.

EstateHere.com may take additional measures, including restricting access to certain features, removing listings, or reporting the User to law enforcement authorities if necessary.
User Rights Upon Termination
If a User account is terminated, the User will no longer have access to their account, property listings, or any tools and features associated with the Platform. The User has the right to contact EstateHere.com to inquire about the reasons for termination and seek clarification. If termination results from a misunderstanding or error, the User may request reinstatement of their account, which will be evaluated at the sole discretion of EstateHere.com.
Users may voluntarily terminate their accounts at any time by contacting our support team. These Terms will no longer apply upon voluntary termination, except for provisions that survive termination (e.g., intellectual property, disclaimers, and liability limitations).
When an account is terminated, the following applies:

• All active property listings associated with the account may be removed from the Platform and will no longer be visible to other Users.
• EstateHere.com reserves the right to retain certain data, such as transaction records, in compliance with its Privacy Policy and applicable laws.
• EstateHere.com may retain a license to use previously submitted User content (e.g., images, listings) for operational or legal purposes, as permitted by these Terms.
• Leads generated through the User’s listings before termination may still be accessible to EstateHere.com or its affiliates.

Termination of an account does not absolve the User of any outstanding obligations, such as unpaid fees or legal responsibilities related to transactions initiated on the Platform.

• GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions and any disputes arising out of or related to the use of the Platform or its services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Users agree that New York law will apply to all matters, regardless of where the User is located.
In the event of a dispute between a User and EstateHere.com, both parties agree to make a good-faith effort to resolve the issue informally before pursuing legal remedies. This process requires the party initiating the dispute to provide written notice detailing the nature of the dispute, the desired resolution, and any relevant supporting information. Both parties agree to engage in discussions or negotiations for a minimum of 30 days to resolve the matter amicably. If the dispute cannot be resolved within this period, it will proceed to arbitration or other formal dispute resolution processes as outlined in these Terms.
Any dispute, claim, or controversy arising from or relating to these Terms, the Platform, or the services provided by EstateHere.com shall be resolved exclusively through binding arbitration. The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body. The arbitrator will have the authority to award monetary damages or equitable relief consistent with these Terms and applicable laws. Each party will bear its costs and expenses associated with the arbitration unless otherwise required by law or the arbitration rules. The arbitrator's decision will be final and binding on both parties, and judgment may be entered in any court of competent jurisdiction.
Users acknowledge that by agreeing to arbitration, they are waiving their right to a trial by jury or to participate in a class action.
In cases where arbitration is not required or enforceable or where injunctive relief or other equitable remedies are sought, the parties agree that any legal action shall be brought exclusively in the state or federal courts in Staten Island, New York. Users consent to the personal jurisdiction of these courts and waive any objections based on inconvenient forums or lack of jurisdiction.

• INDEMNIFICATION

By using the Platform, Users agree to indemnify, defend, and hold harmless EstateHere.com, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to the User’s use of the Platform and its services, any property listings, content, or materials submitted, uploaded, or shared by the User on the Platform, the User’s breach or violation of these Terms or any applicable laws or regulations, transactions, agreements, or disputes with other Users conducted through the Platform, and the User’s misuse of third-party intellectual property or other proprietary materials.
The indemnity provided by Users covers third-party claims resulting from their actions, content, or transactions on the Platform, financial losses such as lost profits or revenue arising from disputes or violations, any direct, indirect, incidental, or consequential damages suffered by EstateHere.com due to User actions, and legal costs incurred in defending against such claims, including court fees, arbitration costs, and attorneys’ fees.
Users acknowledge and agree that EstateHere.com has the right to assume the exclusive defense and control of any matter subject to indemnification at the User’s expense. Users agree to cooperate fully with such a defense and provide all necessary information or documentation as requested.

• THIRD-PARTY LINKS AND CONTENT

EstateHere.com may include links to third-party websites, advertisements, or content as part of its services. These third-party links are provided solely for Users' convenience and do not constitute an endorsement, sponsorship, or affiliation with the linked content or the entities that operate those sites.
EstateHere.com does not guarantee the accuracy, quality, or reliability of third-party content, monitor, control, or assume responsibility for third-party websites or services' practices, policies, or materials or ensure third-party links comply with applicable laws or regulations. Users acknowledge that EstateHere.com is not liable for any damages, losses, or issues from accessing or using third-party links or content provided on the Platform.
When Users click on a third-party link or access third-party content through the Platform, they do so at their own risk. It is the User’s responsibility to review the terms and conditions, privacy policies, and practices of any third-party website before engaging with it, verify the accuracy and legitimacy of any offers, advertisements, or content found on third-party sites, and exercise caution when providing personal or financial information on external sites.
Users acknowledge that transactions, agreements, or interactions conducted through third-party links are solely between the User and the third party. EstateHere.com is not a party to or liable for any agreements, disputes, or outcomes resulting from such interactions.

• MODIFICATION OF TERMS

EstateHere.com reserves the right to update, modify, or amend these Terms and Conditions at any time, at its sole discretion. Changes may be made to reflect service updates, features, legal requirements, or business practices.
The updated Terms will supersede all previous versions and govern the User’s continued use of the Platform.
When these Terms are changed, EstateHere.com will notify users by posting the updated Terms on the Platform with the date of the last revision indicated, sending an email notification to registered Users, where applicable, or displaying a notification or prompt on the Platform upon login or access.
The updated Terms will note the effective date of any changes. The User is responsible for reviewing the revised Terms and understanding how the changes may affect their use of the Platform.
By continuing to access or use the Platform after the updated Terms have been posted, Users acknowledge and agree to be bound by the revised Terms. Users are encouraged to review the Terms periodically to stay informed of any updates.
If a User disagrees with the updated Terms, their sole remedy is discontinuing using the Platform. Failure to review the Terms does not exempt Users from complying with the latest version.

• CONTACT INFORMATION

EstateHere.com is committed to providing Users with prompt and effective support for any inquiries, issues, or concerns regarding the Platform. Users can reach EstateHere.com through the following channels:

• Email Support: Users can contact EstateHere.com at support@estatehere.com for general inquiries, technical assistance, or questions about these Terms.
• Mailing Address: Users may send written correspondence to EstateHere.com
  Staten Island, NY 10314, United States

EstateHere.com strives to respond to all inquiries within a reasonable time frame, typically within 1-2 business days.