TERMS OF SERVICE AND USER AGREEMENT

TERMS OF SERVICE AND USER AGREEMENT

4ThisHouse.com
American Real Estate and Mortgage LLC
Effective Date: 5/31/2025

ACCEPTANCE OF TERMS

By accessing, using, or registering on 4ThisHouse.com (the “Website” or “Platform”), you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

1. DEFINITIONS

“Platform” refers to 4ThisHouse.com and all associated services, websites, mobile applications, and software.

“User” refers to any person who accesses or uses the Platform, including but not limited to property sellers, buyers, real estate agents, and visitors.

“Seller” refers to property owners or authorized representatives who list properties on the Platform.

“Listing” refers to any property advertisement, information, or content posted on the Platform.

“Company,” “we,” “us,” or “our” refers to American Real Estate and Mortgage LLC, a Florida limited liability company.

2. DESCRIPTION OF SERVICES

4ThisHouse.com is a real estate platform that provides:

  • Property listing services for sellers (FSBO and professional listings)
  • Property search and browsing for buyers
  • MLS integration and IDX display services
  • Marketing and promotional tools for real estate professionals
  • Lead generation and communication services
  • International property marketing capabilities

3. USER REGISTRATION AND ACCOUNTS

3.1 Registration Requirements

  • Users must provide accurate, current, and complete information during registration
  • Users must be at least 18 years old or have parental consent
  • Users are responsible for maintaining the confidentiality of their account credentials
  • Users may not create multiple accounts or share accounts with others

3.2 Account Security

  • Users must immediately notify us of any unauthorized use of their account
  • We reserve the right to suspend or terminate accounts at our discretion
  • Users are responsible for all activities that occur under their account

4. PROPERTY LISTINGS AND CONTENT

4.1 Listing Standards

By submitting a property listing, you represent and warrant that:

  • You are the legal owner of the property or have explicit written authorization to list it
  • All information provided is accurate, complete, and not misleading
  • All photographs and media are owned by you or you have proper rights to use them
  • The property is legally available for sale or rent
  • You will comply with all applicable fair housing laws and anti-discrimination regulations

4.2 Prohibited Content

Users may not post listings or content that:

  • Contains false, inaccurate, or misleading information
  • Violates any local, state, or federal laws
  • Infringes on intellectual property rights
  • Contains discriminatory language or practices
  • Includes inappropriate or adult content
  • Promotes illegal activities or substances
  • Contains malicious software or harmful links

4.3 Content Ownership and License

  • You retain ownership of your original content
  • By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for Platform operations
  • We may remove any content that violates these Terms without notice

5. MLS AND IDX SERVICES

5.1 MLS Data Display

  • MLS listings are provided through licensed IDX feeds
  • All MLS data is subject to applicable MLS rules and regulations
  • Users acknowledge that MLS data is owned by the respective MLS organizations
  • Unauthorized use, reproduction, or distribution of MLS data is strictly prohibited

5.2 Data Accuracy

  • We strive to provide accurate information but do not guarantee the accuracy of all listings
  • MLS data is updated regularly but may not reflect real-time changes
  • Users should verify all information independently before making decisions

6. FEES AND PAYMENT TERMS

6.1 Service Fees

  • Listing fees are as posted on the Website at the time of service selection
  • Payment is due at the time of service activation unless otherwise specified
  • All fees are non-refundable except as specifically stated in our refund policy

6.2 Pricing Plans

Current pricing structure:

  • Nationwide FSBO: $199 (6 months with free extension option)
  • Flat Fee MLS: $299 (until sold, with $350 closing rebate)
  • No-Fee MLS: $595 (180-day money-back guarantee, free continuation)

6.3 Automatic Renewal

  • Some services may automatically renew unless cancelled
  • Users will be notified before automatic renewal charges
  • Cancellation instructions will be provided with renewal notices

7. BUYER CLOSING FEES

7.1 Administrative Closing Fee

  • A $595 administrative closing fee may be collected from buyers at closing
  • This fee is disclosed to all parties and included in closing documents
  • Fee collection is handled through licensed title companies or closing agents
  • Sellers authorize this fee collection as part of our service agreement

7.2 Fee Disclosure

  • All parties are informed of potential closing fees during the transaction process
  • Fee structure is disclosed in listing agreements and purchase contracts
  • No hidden fees or undisclosed charges will be imposed

8. PROHIBITED USES

Users may not:

  • Use the Platform for any illegal purpose or to violate any laws
  • Transmit or post any content that infringes intellectual property rights
  • Attempt to gain unauthorized access to other users’ accounts or Platform systems
  • Use automated systems (bots, scrapers) to access or collect Platform data
  • Interfere with or disrupt the Platform’s operation or security
  • Impersonate other persons or entities
  • Harass, abuse, or harm other users
  • Post spam, unsolicited communications, or commercial content outside designated areas

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Platform Content

  • The Platform and its original content, features, and functionality are owned by American Real Estate and Mortgage LLC
  • Our trademarks, service marks, and logos are our property
  • Users may not use our intellectual property without written permission

9.2 User Content

  • Users represent they own or have rights to all content they submit
  • Users are responsible for ensuring their content does not infringe third-party rights
  • We may remove content that appears to infringe intellectual property rights

10. PRIVACY POLICY

10.1 Data Collection and Use

  • Our Privacy Policy governs how we collect, use, and protect your information
  • By using the Platform, you consent to our data practices as described in the Privacy Policy
  • We may share information as necessary to provide services and comply with legal requirements

10.2 Communications

  • By registering, you consent to receive communications from us via email, phone, or text
  • You may opt out of marketing communications but cannot opt out of service-related communications
  • We may contact you regarding your listings, account, or Platform updates

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

11.1 Service Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the service will be uninterrupted or error-free
  • Warranties regarding the accuracy or reliability of any information

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the amount you paid for services in the past 12 months
  • We shall not be liable for indirect, incidental, special, consequential, or punitive damages
  • We are not responsible for the actions or omissions of users or third parties
  • We do not guarantee successful property sales or specific outcomes

11.3 Real Estate Disclaimers

  • We are not responsible for property condition, title issues, or legal compliance
  • Users should conduct independent inspections and due diligence
  • We recommend consulting with real estate attorneys and other professionals
  • Market conditions and property values may fluctuate beyond our control

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless American Real Estate and Mortgage LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through the Platform

13. TERMINATION

13.1 Termination by Users

  • Users may terminate their accounts at any time by contacting us
  • Upon termination, your right to use the Platform ceases immediately
  • Some provisions of these Terms will survive termination

13.2 Termination by Company

We may terminate or suspend accounts immediately, without prior notice, for:

  • Violation of these Terms
  • Suspected fraudulent or illegal activity
  • Non-payment of fees
  • Inactivity for extended periods
  • Any other reason at our sole discretion

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

14.2 Jurisdiction

Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Florida, and you consent to the jurisdiction of such courts.

14.3 Arbitration

Any dispute arising out of or relating to these Terms or the Platform may be subject to binding arbitration in accordance with the rules of the American Arbitration Association.

15. COMPLIANCE WITH LAWS

15.1 Fair Housing Compliance

  • All users must comply with federal, state, and local fair housing laws
  • Discriminatory practices based on race, color, religion, sex, handicap, familial status, or national origin are prohibited
  • We reserve the right to remove any content that violates fair housing laws

15.2 Real Estate License Laws

  • Licensed real estate professionals must comply with their state licensing requirements
  • Unlicensed individuals may not engage in activities requiring a real estate license
  • Users are responsible for understanding and complying with applicable regulations

16. INTERNATIONAL USERS

16.1 Global Access

  • The Platform may be accessed from countries outside the United States
  • International users are responsible for compliance with local laws
  • Currency conversions and international transactions may incur additional fees

16.2 Data Transfer

  • Information provided by international users may be transferred to and processed in the United States
  • By using the Platform, you consent to such data transfers

17. MODIFICATIONS TO TERMS

17.1 Right to Modify

  • We reserve the right to modify these Terms at any time
  • Changes will be effective immediately upon posting to the Platform
  • Continued use of the Platform constitutes acceptance of modified Terms

17.2 Notification

  • We will attempt to notify users of significant changes via email or Platform notices
  • Users are responsible for regularly reviewing these Terms

18. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and American Real Estate and Mortgage LLC regarding the use of the Platform.

20. CONTACT INFORMATION

For questions about these Terms, please contact us:

American Real Estate and Mortgage LLC
Email: 4thishouse@gmail.com
Phone: +1-954-608-2713
Website: https://4thishouse.com

Principal Broker: Joseph Fansler
Florida License #: 302992

21. ACKNOWLEDGMENT

BY CLICKING “I AGREE” OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Updated: 5/31/2025

This agreement is legally binding. If you do not agree to these terms, please do not use the Platform.

Contacts

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4thishouse@gmail.com

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+ 1 954 608 2713

American Real Estate and Mortgage llc

Joe Fansler

Fl Lic Broker 302992

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