Terms and Conditions of Use
The following are terms of a legal agreement between you and Hurst Real Estate, Inc. dba Hurst Lending & Insurance (“Hurst Lending & Insurance”). By accessing, browsing and/or using this site (“Site”) or the services provided by Hurst Lending & Insurance, you acknowledge that you have read, understood, and agree, to be bound by these terms. If you do not agree to these terms, do not use this Site and do not avail yourself of the services provided by this site. This agreement applies to customers as well as service providers.
USE OF INFORMATION THAT YOU PROVIDE
You authorize Hurst Lending & Insurance to contact you using information that you provide and also authorize Hurst Lending & Insurance to forward your information to our network of real estate professionals. You agree that any and all information that you provide to Hurst Lending & Insurance is true and complete and you expressly consent to calls from Hurst Lending & Insurance and from our network of service providers.
REALTOR CASH BACK BONUS TERMS
- Program Description – Hurst Lending & Insurance is a licensed real estate broker. Hurst Lending & Insurance will match you with a pre-screened Realtor. Please note that service providers may not be available in all geographic areas.
- Qualification – In order for you to receive a Cash Back Bonus from Hurst Lending & Insurance, you must have been initially connected with a Realtor through Hurst Lending & Insurance so that Hurst Lending & Insurance earns a cooperative brokerage fee. The Cash Back Bonus offer may not be combined with any other offer made by Hurst Lending & Insurance, Hurst Real Estate, Inc., or any of our partners or affiliates. If you want to use one of our Service Providers for a future transaction and receive a Cash Back Bonus, please remember to re-register that transaction with us before contacting the Service Provider.
- Estimated Cash Back Bonus – For a qualifying purchase or sale, please contact us for the amount of Cash Back Bonus you can receive. The Cash Back Bonus amount calculated by this tool is based on a 6% real estate commission, evenly split between the listing and buying broker (3% for the sellers agent and 3% for the buyer’s agent). If the actual commission is lower, the Cash Back Bonus will be reduced in proportion to the actual commission received. If your Hurst Lending & Insurance Realtor does not receive a commission on the full price of the home, your Cash Back Bonus will be based on the transaction amount for which your Realtor receives a commission. Please note that there is no Cash Back Bonus offered for the purchase or sale of a home that is less than $75,000.
- Limitations due to State and Federal Law – The Hurst Lending & Insurance Cash Back Bonus program is currently offered in Texas.
- How Do I Earn a Cash Back Bonus – The purchase price and sale price must be above $75,000 and you must take the following action to receive a Cash Back Bonus.
- Register with Hurst Lending & Insurance.
- Purchase and/or sell a home using the Realtor provided by Hurst Lending & Insurance.
- Fax or email your contract to your Personal Real Estate Coordinator when you are ready to make an offer to purchase or when you have received an offer to sell your home. Please do this before the offer is submitted or accepted.
- When is Cash Back Bonus Paid – Within 30 days after the closing, you will receive a check from Hurst Lending & Insurance for the applicable Cash Back Bonus. Or, if you prefer, you can take the Cash Back Bonus as a credit at closing if allowed by your lender and if you provide sufficient notice for us to meet this request. In some states, the Cash Back Bonus must be taken as a closing credit. Please note that the Cash Back Bonus is void where prohibited by law and this offer can be changed/withdrawn at any time.
- Disputes – If Hurst Lending & Insurance reasonably determines that a commission dispute exists or is reasonably likely to occur, then Hurst Lending & Insurance may delay paying the Cash Back Bonus until 30 days after such commission dispute is resolved. Commission disputes includes but are not limited to disputes or uncertainties regarding: (i) the amount of the commission or whether Hurst Lending & Insurance is entitled to a commission, (ii) the timing of payment of such commission, or (iii) any other issue related to the commission. If Hurst Lending & Insurance pays any Cash Back Bonus and it is later determined that Hurst Lending & Insurance was not entitled to all or part of the commission and customer’s failure to follow the terms and conditions is partially responsible for this problem (e.g. customer had a listing, buyers representation, or other agreement with another realtor before enrolling in the Hurst Lending & Insurance program, etc.) then the Cash Back Bonus amount will be recalculated and the customer will repay the excess portion of the Cash Back Bonus to Hurst Lending & Insurance within ten (10) days of receipt of notice.
Hurst Lending & Insurance is a licensed real estate broker. In certain geographic areas, Hurst Lending & Insurance has agents that directly work for our brokerage firm and in other areas we act as a referring broker. If we act as a referring broker, we will refer you to a local pre-screened real estate broker and Hurst Lending & Insurance will receive a real estate brokerage referral fee of up to 35% of the local broker’s commission. Your use of this Web site and/or Hurst Lending & Insurance services constitutes your agreement with this compensation arrangement.
The programs offered on this site may be available on modified terms, or may be prohibited, in certain jurisdictions. The programs may vary by region or state and other restrictions may apply. The offers made by Hurst Lending & Insurance can be changed/withdrawn at any time.
RESPONSIBILITY FOR SERVICE PROVIDERS
Hurst Lending & Insurance is not involved in the actual transaction between you and Realtors and Service Providers listed on our site. We have no control over and do not guarantee the quality, the truth or accuracy of ads/listings, or the quality of services provided by Realtors and Service Providers that participate in our program.
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Hurst Lending & Insurance does not operate or control the information, software, products or services available on such Web sites. Hurst Lending & Insurance’ inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
If you have a dispute with one or more of our clients or Service Providers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
While using the Site, you may have the opportunity to rate and post comments about Hurst Lending & Insurance or our service providers. When posting comments you may not:
- post false, inaccurate, misleading, defamatory, profane, or libelous content;
- violate any laws, third party rights, or our policies;
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Hurst Lending & Insurance);
- transfer your Hurst Lending & Insurance account (including feedback) and User ID to another party without our consent; or
- distribute viruses or any other technologies that may harm Hurst Lending & Insurance, or the interests or property of Hurst Lending & Insurance users.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our web site, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
CONTENT PROVIDED BY CUSTOMER
When you give us content intended to be published on our website(s), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
ERRORS AND DELAYS
We cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. All personal data provided to Hurst Lending & Insurance will be handled in accordance with Hurst Lending & Insurance privacy practices. Any other material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Hurst Lending & Insurance or its affiliates for any purpose whatsoever.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2015 Hurst Real Estate, Inc. dba Hurst Lending & Insurance and/or its suppliers. All rights reserved. Hurst Lending & Insurance and Hurst Lending & Insurance are service marks of Hurst Real Estate, Inc. Other product and company names mentioned herein, including the names of real estate professionals, may be the trademarks of their respective owners.
None of the material on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Hurst Lending & Insurance or the copyright owner.
Any dispute arising from or related to the use of this Web site, to the goods or services provided by Hurst Lending & Insurance, to any acts or omissions for which you may contend Hurst Lending & Insurance is liable, or for any other claim related to Hurst Lending & Insurance shall be settled by binding Arbitration in accordance with the then current rules of the American Arbitration Association (“AAA”) in effect on the date of this agreement by a sole arbitrator that is acceptable to Hurst Lending & Insurance.
The arbitration hearing shall take place in Williamson County, Texas and the hearing shall take place within four (4) months from the date of demand for arbitration. In any arbitration, the party bringing the claim shall pay the filing fee and the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor. The arbitration shall be governed by the substantive laws of Texas, without regard to conflicts of law rules. The arbitration hearings shall be continuous subject to weekends, holidays, or other days to be mutually agreed and the total days of hearing shall not exceed one (1) hearing day per party.
Any judgment upon the award rendered by the arbitrators will be entered in any court of competent jurisdiction in Williamson County, Texas. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award incidental, consequential, special, punitive or other forms of exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Hurst Lending & Insurance, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Williamson County, Texas. If either party employs attorneys to enforce any right in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
DISCLAIMERS AND LIMITATIONS
Hurst Lending & Insurance AND/OR ITS SUPPLIERS AND REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR Hurst Lending & Insurance’S SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Hurst Lending & Insurance BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, LOSS OF GOODWILL OR REPUTATION, AND ALL OTHER SIMILAR DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Hurst Lending & Insurance OR A Hurst Lending & Insurance AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE LAST 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement constitutes the entire agreement between you and Hurst Lending & Insurance regarding the subject matter contained herein and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Hurst Lending & Insurance that conflict with those contained herein. Hurst Lending & Insurance may at any time revise these terms by updating this posting. By using this Site or use our services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. Hurst Lending & Insurance, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement at any time for any or no reason. You may not institute any action in any form arising out of this Agreement more than one (1) year after the cause of action has arisen. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.