TERMS OF SERVICE

1. Acceptance of Terms

By accessing or using our website, services, or any content provided by Kevin Hoang Real Estate ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.

These Terms apply to all visitors, users, and others who access or use our services, including our website, mobile applications, and any other platforms we operate.

2. Description of Services

We provide real estate brokerage services, including but not limited to:

• Residential real estate buying and selling services
• Market analysis and property valuations
• Property listings and marketing
• Buyer and seller representation
• Real estate consultation and advice
• Property search assistance
• Transaction coordination and support
• Educational resources and market information

All real estate services are provided in accordance with applicable state and federal laws and regulations governing real estate practice.

3. User Accounts and Registration

To access certain features of our services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your login credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. Acceptable Use

You agree to use our services only for lawful purposes. You may not:

• Violate any local, state, federal, or international laws
• Infringe on intellectual property rights of others
• Submit false, misleading, or fraudulent information
• Engage in harassment, abuse, or harmful conduct
• Attempt to gain unauthorized access to our systems
• Use automated tools to access or scrape our website
• Distribute malware, viruses, or other harmful code
• Interfere with the proper functioning of our services
• Impersonate any person or entity
• Collect personal information about other users

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions.

5. Real Estate Representation and Agency

Agency Relationships

Real estate agency relationships are governed by state law. We will disclose our agency status in all transactions as required by law. Types of representation include:

• Seller's Agent: Representing the seller's interests exclusively
• Buyer's Agent: Representing the buyer's interests exclusively
• Dual Agent: Representing both parties with written consent
• Transaction Broker: Facilitating transactions without advocacy

Fiduciary Duties

When acting as your agent, we owe you fiduciary duties including:

• Loyalty and undivided attention to your interests
• Confidentiality of personal and financial information
• Full disclosure of material facts
• Obedience to lawful instructions
• Reasonable care and skill in performance
• Accounting for all funds and documents

6. Fees and Commission

Real estate commission and fees are negotiable and will be agreed upon in writing before services are provided. Standard practices include:

• Commission rates are typically a percentage of the sale price
• Commission is usually paid at closing from sale proceeds
• Buyer's agent commission is typically paid by the seller
• Additional fees may apply for specialized services
• All fees and commission structures will be disclosed in advance

Commission is earned when a ready, willing, and able buyer is procured, or when a property is successfully marketed and sold, as defined in the applicable listing or buyer representation agreement.

7. Property Information and Disclaimers

Information Accuracy

While we strive to provide accurate property information, we make no warranties or representations regarding:

• Accuracy of property descriptions, square footage, or amenities
• Condition of properties or systems within properties
• Zoning, permits, or regulatory compliance
• Future market conditions or property values
• Suitability of properties for specific purposes

Professional Inspections

We strongly recommend that all buyers:

• Conduct professional property inspections
• Verify all property information independently
• Consult with appropriate professionals (attorneys, inspectors, contractors)
• Review all relevant documents and disclosures
• Conduct due diligence appropriate to the transaction

8. Intellectual Property Rights

Our website and services contain intellectual property owned by us or our licensors, including:

• Website content, text, graphics, and design
• Logos, trademarks, and brand elements
• Software, applications, and functionality
• Market reports, analyses, and proprietary data
• Educational materials and resources

You may not reproduce, distribute, modify, or create derivative works from our content without explicit written permission. Property listings may be subject to separate copyright restrictions.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We implement appropriate security measures to protect your personal and financial information.

10. Disclaimers and Limitations of Liability

Service Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, including:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, completeness, or reliability of information
• Uninterrupted or error-free service
• Security of data transmission

Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages arising from use or inability to use our services
• Third-party actions or content
• Force majeure events beyond our control

Our total liability for any claim shall not exceed the fees paid to us for the specific service giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kevin Hoang Real Estate, its officers, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

12. Fair Housing and Anti-Discrimination

We are committed to fair housing practices and comply with all applicable fair housing laws, including:

• Federal Fair Housing Act
• Americans with Disabilities Act
• State and local fair housing laws
• Equal Credit Opportunity Act

We do not discriminate based on race, color, religion, sex, national origin, familial status, disability, or other protected characteristics. All properties are available to qualified individuals regardless of protected class status.

13. Dispute Resolution

Informal Resolution

Before pursuing formal dispute resolution, we encourage you to contact us directly to resolve any issues informally.

Binding Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration rather than in court, except for:

• Claims for injunctive or equitable relief
• Claims involving intellectual property rights
• Small claims court matters within jurisdictional limits

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator's decision will be final and binding.

Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as part of a class, collective, or representative action.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any legal actions not subject to arbitration must be brought in the state or federal courts located in Massachusetts.

15. Termination

We may terminate or suspend your access to our services immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal conduct
• Request by law enforcement or judicial order
• Extended periods of inactivity
• Technical or security concerns

Upon termination, your right to use our services ceases immediately. Provisions of these Terms that should survive termination will remain in effect.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the complete agreement between you and us regarding your use of our services. These Terms supersede all prior agreements, understandings, and communications.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: