HELLO AND WELCOME TO RICHR.
THESE TERMS APPLY TO ALL VISITORS TO OUR SITE, WHETHER YOU REGISTER AN ACCOUNT OR JUST BROWSE AS A GUEST, SO PLEASE TAKE A LOOK.
Updated April 22, 2020
In these terms of service Richr.com, Richr Inc., The Richr Group, and Richr Group Inc., shall be referred to collectively as “Richr” “We” “Us” and “Our.” Brokerage services are supplied by Richr MP Holdings LLC DBA Richr Homes and other partner brokerages.
By accessing the Richr website, you are entering into a legally binding contract. Your use of this website, web or mobile, (“the “Site”), its services, information, guide, platform, content, data, graphics, and tools (collectively “Services”) constitutes your representation and warranty that you agree to these terms of service and all applicable laws (collectively “Terms”). Unless you agree to these Terms and this binding legal contract, you may not use these Services and must leave this Site. Sorry!
Richr helps you market your home for sale for FREE. Richr uses its affiliate brokerage Richr Homes and other third party brokerages to list your residential property (the “Property”) on the MLS for no fee (“Listing Agent”). The MLS will then syndicate your listing to third-party sites to maximize exposure. Richr provides an independent sellers guide and blog to help sellers on the home selling journey.
You must be at least 18 years old to use Richr, and may only use Richr for your own personal use. All owners of a Property must consent and authorize the listing and advertising of your Property on the MLS and syndication to third-party sites (the “Listing”).
HOW RICHR WORKS
- You may register an account with Richr at Richr.com if you own a home that is in an area served by Richr.
- Once successfully registered, you can access Richr’s MLS listing platform and guide. You must answer each listing question fully and accurately. Your Listing cannot be uploaded onto the MLS with missing information.
- Richr will share your information with a Listing Agent.
- The owners or a property or the authorized seller must electronically sign a free Limited Services Listing Agreement and send it back to the Listing Agent. If you fail to do this, your Property cannot be listed.
- Within one business day of signing your Listing Agreement and approving your listing, it will be uploaded to the MLS for activation.
By registering an account with Richr, you understand and agree that you are providing consent for Richr and Listing Agents to contact you by email, phone call and text to discuss your Listing Information.
You also understand and agree that if you supply your email and phone number to Richr via social media marketing or other advertising products, you are agreeing that Richr and its affiliates may contact you by email and phone (including by voice and text message) about providing services to you.
The information provided to Richr during registration and the listing process shall include your name, email address, telephone number, Property address, full Property details and at least one external Property photo (“Listing Information”).
ACCURACY OF INFORMATION
You represent and warrant that all Listing Information is true, accurate, and comprehensive as of the date of submittal, including that the Property photos relate to the listed Property and that you have the right to upload such photos to Richr and publish them and they are not subject to copyright of any third party.
Richr will not verify any Listing Information provided by you and is not responsible for any untruthful, inaccurate or incomplete information about your Property. Richr does not warrant the legitimacy, accuracy or timeliness of any Listing Information and does not undertake due diligence on any Property.
The accuracy of your Listing is your responsibility. Richr shall not accept any liability whatsoever for any consequences resulting from typographical errors in a Listing, including but not limited to listing price, property details and buyer’s agent commission. You understand and accept that you have a duty to verify that the Listing Information is accurate with the Listing Agent before its’ submission to the MLS.
SHARING OF INFORMATION
You agree that Richr may publish your Listing Information and photographs on social media sites and in other marketing efforts. You grant Richr the non-exclusive, royalty-free, license to use, reproduce, publish, distribute, and prepare derivative works from your photographs and other copyrightable Listing Information.
You understand and agree that Richr may share your Listing Information with a Listing Agent to enable them to list your property on the MLS.
You also understand and agree that your Listing Agent may share your Listing Information in accordance with the terms of your Listing Agreement, including publication to the MLS and syndication to third-party websites. You agree that your name, telephone number and email address may be published with your Listing so that potential buyers can contact you directly, and that your Listing Agent may share your name, telephone number and email address with potential buyers who enquire about your Property.
TERMS OF LISTING
You must sign a Listing Agreement with the Listing Agent for your Property to be listed on the MLS. This is an MLS rule. This service is free with Richr. You acknowledge and agree that the Listing Agent will solely facilitate the sale of your property by advertising your Property on the MLS, having the ability for to place a for sale sign on the Property, and offering compensation to cooperating buyers brokers. They will not inspect your Property, verify and/or validate the information provided and will not become a seller’s broker or perform the duties of a seller’s broker.
TERM OF LISTING
You understand and agree that your Listing will be put on the MLS for up to 12 months.
CHANGES TO LISTING AND CANCELLATION
You will need to update your listing with status changes, price reductions etc. Contact your Listing Agent to make changes directly.
Your listing can be canceled at any time unless your Property is under contract. Email your Listing Agent directly to inform them of your wish to cancel and they’ll take care of it.
You understand that when you use Richr to advertise your Property on the MLS, there is no fee payable to Richr or your Listing Agent; but you must offer a buyer’s agent compensation as per MLS rules which would be payable at closing if a buyer was represented.
You can choose a $ or % amount, although Richr suggests that you offer 2- 3% of the sale price to incentivize any buyers broker.
You accept that Richr may place a Richr Homes yard sign in front of your home during the term of your MLS listing with a Listing Agent. Richr may decide when to have this removed, but will endeavor to do so within a reasonable period of the sold date or cancellation of the Listing. All yard signs remain the property of Richr Homes and You shall not dispose of any yard sign located on your Property. Any and all requests for yard sign removal should be made to firstname.lastname@example.org.
You understand that you are expressly and emphatically restricted from all of the following:
- Using this Site in any fraudulent manner;
- Using this Site to list a Property when you are not 18 years or older, are not the Property owner, and if all owners have not authorized such Listing;
- Using this Site in any manner that is, or may be, damaging to this Site;
- Using this Site in any manner that impacts user access;
- Using this Site in a manner contrary to applicable Laws and Regulations, or in any manner causing harm to the Site, or to any person or entity;
- Engaging in any data harvesting, data mining, data extracting or any other similar activity concerning this Site;
- Using this Site to participate in any marketing or advertising, not for personal use;
- Accessing any part of this Site which is restricted from access;
- Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any services, information, software or products obtained from Richr without prior permission;
- Using any material from this Site for nonpersonal/ commercial purposes.
Richr may restrict your access to any part or all of the Site, at any time, in its sole and absolute discretion.
Your password for this Site is confidential, and you must maintain the confidentiality of such information. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Richr is not responsible for third-party access to your account that results from theft or misappropriation of your account. Richr and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion
The entire content of this Site, including but not limited to design, graphics, photographs, text, content, interfaces, works that are licensed to Richr, and the code is copyrighted as a collective work under copyright laws of the United States and other countries and is the property of Richr. ALL RIGHTS RESERVED.
All trademarks, service marks, and trade names (collectively “Marks”) are trademarks or registered trademarks of Richr and are proprietary to Richr, or other respective owners that have granted Richr the license and right to use such Marks.
Richr respects the intellectual property rights of others. Richr will process and investigate notices of alleged infringement and will take action deemed appropriate under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that your work has been subject to copyright infringement, please provide Richr with ALL the following information:-
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address and all other information reasonably sufficient to permit Richr to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be sent by either:
(a) email to: email@example.com – please include “Notice of Infringement” in the subject line, or
(b) mail to: Richr Inc., PO Box 600511, North Miami Beach, Florida 33160
Richr reserves the right to terminate your use of the Site at any time, for any reason, and without notice. The provisions relating to Intellectual Property including Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and Class Action Waiver, shall survive any termination.
Richr does not and cannot review all information, materials, and communications you transmit, upload or post to this Site (“Communications”). Richr does not undertake any obligation or liability relating to such activities on the Site and is not in any manner responsible for the content of such Communications.
Richr reserves the right to remove or block user Communications that it determines to be, in its sole discretion:
1. Submitted by persons without relevant authority to submit a Listing;
2. Abusive, defamatory, or obscene;
3. Fraudulent, deceptive, or misleading;
4. In violation of a copyright, trademark or other intellectual property rights of another;
5. In violation of any law, regulation, or these Terms;
6. Offensive or otherwise unacceptable to Richr.
Richr reserves the right to amend and modify these Terms at any time, without notice. The updated Terms will be effective as of the stated effective date. If you continue to use our Site after the effective date, you will be deemed to have accepted such Terms.
To provide increased value and convenience to users, the Site may contain links to other internet sites (“External Sites”). Richr may receive rewards or affiliate fees from such links. Even if the External Site is affiliated with Richr, Richr has no control over these External Sites or their content, services or products, and you should use your own judgment in using such content, services or products. Richr waives all liability thereto. All External Sites have their own separate privacy and data collection practices. Richr has no responsibility or liability for these independent policies or actions and is not responsible for their privacy practices. Links do not imply that Richr sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
Listing Agents provides listing services to Richr Clients as independent contractors.
All information provided on the Site is offered solely for informational purposes and is made available as self-help tools for personal use.
Richr does not provide brokerage services or real estate, legal, tax, investment or financial advice. You should consult your own real estate, legal, tax, investment or financial advisors before engaging in any transaction.
Listing Agents that Richr works with are entitled to offer their services to potential buyers calling about Richr properties. If such potential buyers would like agent representation, then Listing Agent is permitted to represent the buyer as a buyers brokers and would be entitled to the offered buyers agent compensation at closing . If such potential buyer would not like agent representation, they will be supplied with Seller’s contact details.
RICHR MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS SITE AND THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES, TOOLS AND SERVICES CONTAINED ON THE SITE, FOR ANY PURPOSE, OR THE COMMUNICATIONS OR CONTENT OF EXTERNAL SITES. THEY MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. RICHR CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS AND DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE HOWEVER ARISING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES, TOOLS AND INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RICHR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
RICHR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF HARMFUL COMPONENTS, INCLUDING BUT NOT LIMITED TO VIRUSES. RICHR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR RELATED MATERIALS IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, ADEQUACY, TIMELINESS, USEFULNESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RICHR MAY, IN ITS SOLE DISCRETION, REFUSE TO SERVICE ANY LISTING REQUEST IF IT APPEARS TO RICHR THAT THE LISTING IS A FAKE LISTING OR A LISTING SUBMITTED BY AN AGENT FOR COMMERCIAL PURPOSES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RICHR OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY COSTS, AWARDS, FINES, PENALTIES, JUDGMENTS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH WITH THE USE, DELAY OF USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, TOOLS, GUIDES, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RICHR OR ANY OF ITS SUPPLIERS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NEVERTHELESS, IF RICHR IS FOUND TO BE LIABLE IN ANY CLAIM, IN NO EVENT SHALL ANY LIABILITY EXCEED THE AMOUNT OF MONIES PAID BY YOU TO RICHR.
You agree to indemnify, defend, and hold harmless Richr, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against all losses, expenses, damages, fines, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or violation of applicable law, rule or regulation, or resulting from any activity whatsoever related to your use of the Site, its Services, your account and/or your Listing, including but not limited to, misrepresentation, negligent or wrongful conduct, listing inaccuracies, errors or omissions, inability to use the Site or services, by you or any other person accessing the Site using your account. Richr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Richr in asserting any available defenses.
Your use of this Site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Dade County, Florida. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Richr with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Richr with respect to the Site. 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.
Richr’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
Richr may assign its rights and duties under this Agreement to any party at any time without notice to you.
In the event the parties are not able to resolve any dispute between them arising out of or concerning the Site, these Terms, or any provision thereof, the parties agree to arbitrate all disputes and claims, whether in contract, tort or otherwise at law or in equity for damages or any other relief, and such dispute shall be resolved only by individual, final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
CLASS ACTION WAIVER
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Richr agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.