Last updated: February 17, 2021
Please read these terms and conditions carefully before using Our Service. If You decide to work with Us, You may be asked to agree to additional terms and conditions, which will govern Our provision of services to You.GENERAL TERMS AND CONDITIONS AMERICAN HOME BENEFIT LLC THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
1. Applicability. These general terms and conditions (these “Terms”) are the only terms that govern the provision of services by American Home Benefit LLC (referred to as “us”, “we”, or “our” as the context may require) to you. We may subsequently amend any provision of these Terms. We will make a commercially reasonable attempt to notify you of any such changes. Notwithstanding the foregoing, your continued use of our services shall constitute your acceptance of and agreement to such changes.
2. Real Estate Services. If you are considering buying a new home or selling your current property, we may recommend one or more real estate professionals in your desired or current market. If you choose to use one of our recommended real estate professionals, we may receive a pre-negotiated referral fee directly from their brokerage firm. Although we strive to work with only the most experienced and qualified individuals, we acknowledge that not every transaction may end up being the right fit. Accordingly, you are under no obligation to use any real estate professional we recommend. You remain free to terminate your relationship with one of our recommended professionals at any time, subject to applicable law and agreement you may enter into with that broker or representation.
3. Settlement Service Providers. We may recommend, and/or offer discounts or other exclusive promotions on behalf of, individuals or entities performing any of the following activities: (a) Origination of a federally related mortgage loan (including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of such loans); (b) Rendering of services by a mortgage broker (including counseling, taking of applications, obtaining verifications and appraisals, and other loan processing and origination services, and communicating with the borrower and lender); (c) Provision of any services related to the origination, processing or funding of a federally related mortgage loan; (d) Provision of title services, including title searches, title examinations, abstract preparation, insurability determinations, and the issuance of title commitments and title insurance policies; (e) Rendering of services by an attorney; (f) Preparation of documents, including notarization, delivery, and recordation; (g) Rendering of credit reports and appraisals; (h) Rendering of inspections, including inspections required by applicable law or any inspections required by the sales contract or mortgage documents prior to transfer of title; (i) Conducting of settlement by a settlement agent and any related services; (j) Provision of services involving mortgage insurance; (k) Provision of services involving hazard, flood, or other casualty insurance or homeowner’s warranties; (l) Provision of services involving mortgage life, disability, or similar insurance designed to pay a mortgage loan upon disability or death of a borrower, but only if such insurance is required by the lender as a condition of the loan; (m) Provision of services involving real property taxes or any other assessments or charges on the real property; or (n) Provision of any other services for which any of the foregoing requires a borrower or seller to pay (each a “Settlement Service Provider”). When we present a Settlement Service Provider to you, we will not receive any benefit or thing of value arising solely from the recommendation, whether or not you ultimately decide to do business with the Settlement Service Provider. You are under no obligation to use any Settlement Service Provider we recommend.
4. Non-Settlement Providers. We may recommend, and/or offer discounts or other exclusive promotions on behalf of, individuals or entities performing any of the following activities: (a) Provision of services involving the packing and transportation, and associated storage, of home goods and furnishings; (b) Provision of services related to interior or exterior property aesthetics, including but not limited to painters and landscapers; (c) Rendering of property decorating or design advice; (d) Provision of services by home improvement contractors; or (e) Rendering of any other service that is not performed by a Settlement Service Provider (each a “Non-Settlement Provider”). We may receive a financial benefit directly from a Non-Settlement Provider if you ultimately decide to use their services. You are under no obligation to use any Non-Settlement Provider we recommend.
5. Waiver. We make every effort to screen the real estate professionals, Settlement Service Providers, and Non-Settlement Providers that we recommend to you (each individually is a “Third-Party Provider”, and collectively the “Third-Party Providers”). However, unless you receive a separate disclosure from us, we are in no way affiliated or under common ownership with, or a joint partner of, any Third-Party Provider. By consenting to these Terms, you acknowledge and agree that: (i) your use and reliance on any Third-Party Provider recommended by us is AT YOUR OWN RISK; (ii) the terms of your relationship between yourself and any Third-Party Provider will be subject to and governed by separate legally binding documents that we will not have access to or control over; and (iii) you hereby waive and are forever barred from bringing any proceeding or making any claim against us that arises from the negligence, gross negligence, or intentional or willful misconduct of any Third-Party Provider.
6. Disclaimer of Warranties. WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES PERFORMED BY US OR ANY THIRD-PARTY PROVIDER, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8. Termination and Survival. You may terminate your relationship with us at any time without consequence, provided that the provisions of these Terms then in effect shall survive such termination.
9. Our Status. We are a real estate brokerage firm licensed in the State of Connecticut. We do not provide legal, tax, or other professional services or advice.
10. Relationship of the Parties. The relationship between us and you is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between us and you, and you shall not have authority to contract for or bind us in any manner whatsoever.
11. Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Connecticut.
13. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the State of Connecticut in each case located in the County of Fairfield, Connecticut, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
BY USING OUR SITE, I REPRESENT THAT I HAVE READ THE FORGOING TERMS, UNDERSTAND THAT THE TERMS CONTAIN LEGALLY BINDING PROVISIONS, AND CONSENT TO THE TERMS FULLY AND UNCONDITIONALLY.