General Provisions:

https://contentcognition.net/

DISCLAIMER TO HOMEOWNERS AND BUYERS BY USING THIS SERVICE, YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR BROKER OR PROPERTY MANAGER. ALSO BY USING THIS SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS.

This legal agreement (herein “agreement”) between you (herein “you” or “seller”) and Content Cognition, Inc. (herein “Content Cognition”, “us”, “we”, or “our”) should be read carefully before using our Website and/or mobile application (herein “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This agreement applies to all visitors, users and others who access or use the service. If you don’t agree with the terms and conditions of this Website, then we ask you please to leave this Website. However, if you do use this Website, then that operate as an acceptance and agreement that you agree to be bound by the terms and conditions of this Website.

You agree not to enter or use the service for any purpose that is not expressly permitted by these terms and conditions, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the service including, without limitation, those applicable to the Internet, e-mail, privacy, copyrights, trademarks and data.

If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.

Content Cognition is operated in compliance with all federal and state housing laws.

Terms for Sellers and Buyers of Real Estate

When you submit information to this Website, you agree and authorize Content Cognition to share this information with one of the professional real estate agents or brokers associated with Content Cognition to make a match. You also agree and consent to being contact by Content Cognition’s real estate professionals either by e-mail, telephone, mail or any other reasonable means of communication, including autodialed phone calls, text messages, and prerecorded messages from Content Cognition and its partners, on any landline or cell phone number provided to Content Cognition, even if such number is on a Do Not Call list and even if charges are incurred for the call or text. You understand that consent to receiving such communications is not a condition of receiving Content Cognition’s services and that you can call 1-833-2-Content Cognition for services should you choose not to receive such communications.

You are obligated to provide information that is accurate and complete so that Content Cognition can provide you with a real estate agent that is suited for the potential transaction and Content Cognition reserves to the right to terminate anyone who provides false, inaccurate or misleading information.

Payment of any Cash Back, rebate, or incentive for use of the Content Cognition platform is contingent upon Content Cognition’s receipt of a Service Fee related to the same use of its platform. If Content Cognition fails to collect a Service Fee, it shall have no obligation to pay any Cash Back, rebate, or similar incentive. In the event Content Cognition collects a Service Fee that is less than the money owed under any Cash Back, rebate, or other similar incentive program, Content Cognition shall have the right to reduce the Cash Back, rebate, or incentive to an amount equal to or less than its Service Fee

Content Cognition IS MERELY A REFERRAL SERVICE. All terms and conditions between a home seller or buyer and a real estate professional is governed by a separate legal agreement that does not involve Content Cognition and is solely between the home owners or buyers and the real estate professional.

Content Cognition does not endorse, validate, or recommend any legal agreements between home owners and buyers and real estate professionals. Please consult your own attorney for this type of work.

Referrals provided by Content Cognition via this website are not recommendations by Content Cognition for any particular service provider referred and should not be considered as such. You are responsible for vetting referrals and choosing the service provider(s) which best suits your individual needs.

Even though your participation in this referral service may be terminated by you or Content Cognition at any time with written notice and it totally voluntary, any referrals that Content Cognition may have with a real estate professional prior to termination are still effective.

You agree and acknowledge that Content Cognition may modify the terms and conditions of this Website and associated referral service at any time. Content Cognition will notify you in advance of any significant changes of our services to provide you with the option to discontinuing the Website and referral services. Your continued use of the Website and their referral services after the period listed in the notice indicates agreement and acceptance of the new terms and conditions.

For quality assurance, you agree that Content Cognition may make a digital recording of any telephone calls with Content Cognition or one of Content Cognition’s real estate professionals for the sole purpose of providing quality assurance.

Moreover, Content Cognition’s policy is to respond to claims of intellectual property infringement. Content Cognition, under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws and will promptly investigate notices of alleged infringement and will take appropriate action.

Under the DMCA, notifications of claimed copyright infringement should be sent to the designated agent of Content Cognition’s service provider.

This Website may contain third party advertisements and links to third party sites. Content Cognition does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability or the conduct or content of those advertisements and sites and the offerings made by the third parties. Third party advertisements or links to other sites where goods or services are advertised are not endorsements or recommendations by Content Cognition of the third party sites, goods, or services. Content Cognition takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.

Content Cognition intends that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Web site, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.

Marketing statements or assertions made by Content Cognition on this Website related to the amount of savings a homeowner might obtain through use of our services are premised upon mathematical assumptions and hypotheticals that may not be applicable to every situation. Any such statements or assertions made on this Website regarding the “savings” or “average savings” of a homeowner are based upon Content Cognition’s own internal analysis of home sales and commission data, may not be universally accurate, and are only intended to illustrate the financial distinction between use of the “discount” real estate agent model versus use of the traditional real estate agent model (as explained on our Website). Homeowners and Buyers should inquire with their real estate brokers or agents about the potential savings they could receive by using our services.

Privacy Policy

Content Cognition will collect, store and use personal information in accordance with its Privacy Policy. For more information about the information collected, when and how it is collected, and how and why the information is used, refer to Content Cognition’s Privacy Policy, which is incorporated into and made a part of these Terms and Conditions.

In addition, your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website.

Modifications to the Website and Terms and Conditions

We are entitled to terminate or modify all or part of any of the Website at any time, without notice to you. We encourage you to check the Website regularly to ensure you are aware of the current terms.
We may modify these terms and conditions at any time by updating this posting. If we do so, we’ll also update the effective date at the top of this page.

Prohibited Activity:

You agree not to engage in the following prohibited activities: (a) engaging in activities or submitting materials that could be harmful to minors; (b) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and (e) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Website users, including names, phone numbers, addresses, email addresses, without their consent; (f) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; submitting materials that contain restricted or password only access pages, or hidden pages or images; (i) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (k) using any robot, spider, cancelbot, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Website or for any other unauthorized purpose without our prior written consent; (l) decompiling, reverse engineering, or disassembling the software or attempting to do so; or using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; (m) taking any action that imposes an unreasonable or disproportionately large load on the Website or our hardware and software infrastructure or that of any of our licensors or suppliers, (n) use any of its trademarks as metatags on other websites; (o) use the service in any manner that is illegal or impairs the operation of the service or its availability or usage by others; (p) display any part of the service in frames (or any content via in-line links); and/or (q) decompiling, reverse engineering, or disassembling the software or attempting to do so.

Indemnification. You hereby agree to indemnify and hold harmless Content Cognition and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by any Indemnified Party in connection with any claim arising out of (a) any claim that any claim that you misappropriated, infringed or otherwise violated any privacy or trademark, copyright, or other intellectual property right of any third party and/or (b) any breach, or alleged breach, of any of the terms and conditions of this Website by you.

Disclaimer of Warranties. You expressly acknowledge and agree that your use of the Website and associated referral service is at your sole risk. This is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. Content Cognition makes no representations or warranties relating to the Website and associated referral service including, without limitation, representations or warranties that (a) the Website and associated referral service shall meet your requirements, (b) the operation of the Website and associated referral service will be uninterrupted or error free, (c) the Website and associated referral service will be secure; or (d) any defects in the Website and associated referral service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ACTUALLY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. IN NO EVENT SHALL Content Cognition BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE TERMS AND CONDITIONS OF THIS WEBSITE AND ASSOCIATED REFERRAL SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF ACTUALLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Content Cognition’s total liability to you for any damages arising out of or in any way connected with the Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed ten dollars ($10).

Accounts

You have no obligation to work with Content Cognition to buy or sell a home and you can terminate your account at any time.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the agreement, which may result in immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Any information you obtain from Content Cognition Website is intended for your personal, non¬commercial use. You will not copy, redistribute, or retransmit any of the information provided except in connection with your personal home search.

Termination

We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement.
All provisions of the agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement.
Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.

You agree to indemnify and hold harmless Content Cognition (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the agreement. You also agree to indemnify and hold harmless Content Cognition from and against any and all claims brought by third parties arising out of your use of any service and the content you make available via the Service by any means, including without limitation through a posting, a link, reference to content, or otherwise.

Content Cognition has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Content Cognition shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Communications

By submitting a form to Content Cognition you consent to have Content Cognition or one of its partners to contact you via autodialed phone calls and text messages, and prerecorded messages, on the landline or cell number provided even if you are on any Do Not Call list and even if you are charged for the call or text.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of the terms and conditions shall remain in full force and effect.

Contact Us

Any feedback, comments, requests for technical support, and other communications should be directed to customer service at 1-833-2-Content Cognition. Hours of operation are from 9:00 am to 5:00 pm, Eastern Time, Monday through Friday, excluding holidays.

Email: support@contentcognition.com