TERMS AND CONDITIONS OF SERVICE

Last Updated: [04/08/2025]

This TERMS AND CONDITIONS OF SERVICE (“Agreement”) governs the use of www.hoyonow.com (“Home On Your Own,” “HOYO,” “Platform,” “We,” “Us,” “Our”). By accessing or using our services, including listing properties, vendor participation, and interacting with our website, you agree to the terms outlined below.

1. Platform Overview and Scope of Services. HOYO provides a digital platform to connect real estate buyers, sellers, and third-party service vendors. We are not a real estate brokerage and do not engage in brokerage activities, represent any parties in property transactions, or offer to represent parties in any fiduciary capacity. 
2. Acceptance of Terms.    By accessing and using www.hoyonow.com (the "Website"), you accept and agree to be bound by these Terms of Service. In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
3. User and Vendor Eligibility. You may use the Platform only if you i) are at least 18 years old, ii) have the legal authority and capacity to understand, appreciate, consent to enter into this Agreement and iii) are able to and in fact do provide accurate and complete information during registration. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of these Terms of Service. Any person(s) who do not meet the eligibility criteria are expressly prohibited from using the Platform.
4. Property Listings and User-Generated Content. You agree not to use the Platform in any way that is unlawful or harms HOYO or its owners, directors, employees, agents, representatives, contractors, shareholders, members, managers, predecessors or successor in interest, parents, subsidiaries, and/or corporate affiliates (“Affiliates.”) You agree not to use the Platform to distribute, upload, or post any content that is illegal, offensive, discriminatory, or infringes on the rights of others. Platform reserves the right to terminate your access to the Platform if you violate these rules.
   2. 4.2 Users submitting property listings must be the legal owner or an authorized representative of the property. Users may be required to establish ownership of the subject property or, alternatively, the authority to do so. Users grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, and market submitted property photos and descriptions. Listings and all information contained therein must be truthful, accurate and comply with all applicable local, state and federal laws.
   3. 4.3 PROHIBITED CONTENT. ALL USERS AND VENDORS ARE EXPRESSLY PROHIBITED FROM DISSEMINATING, PROVIDING AND/OR SUBMITTING TO THE PLATFORM ANY WRITTEN, PHOTOGRAPHIC AND/OR VIDEOGRAPHIC CONTENT WHICH CONTAINS ANY I) FALSE OR MISLEADING INFORMATION, II) PRIVILEGED, CONFIDENTIAL, AND/OR COPYWRITTEN MATERIAL WITHOUT ALL REQUIRED CONSENTS, PERMISSIONS, AND/OR LICENSES, AND III) OFFENSIVE, INAPPROPRIATE, AND/OR HATEFUL CONTENT.
5. Privacy Policy
   2. 5.2 Information Collection: We collect information you provide to us directly and information collected automatically through your use of our services.
   3. 5.3 Use of Information: We use the information collected to provide, maintain, and improve our services, to develop new services, and to protect Platform and our users.
   4. 5.4 Information Sharing: We do not share your personal information with third parties except as described in this Privacy Policy. We may share your information with service providers to perform services on our behalf, for legal reasons, and to protect our users and services.
   5. 5.5 Security: We implement security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. However, no security measures are perfect or impenetrable.
   6. 5.6 Data Processing and Privacy Policy. By using the Platform, you consent to the collection and processing of personal data as outlined in the Privacy Policy, including i) name, contact information, property photos, and vendor details; ii) use of cookies and tracking technologies for performance analytics and marketing; and iii) sharing data with third-party service providers including but not necessarily limited to payment processors and analytics services.
   7. 5.7 Your Rights.You have the right to access, correct, and/or delete your personal data, opt out of marketing communications, and withdraw consent for data usage. For questions or concerns about exercising any of these rights, please contact Support@hoyonow.com. 
6. Cookie Policy: Cookies are small pieces of text used to store information on web browsers. They store and receive identifiers and other information on computers, phones, and other devices. Cookies serve various functions, such as personalizing content, tailoring and measuring ads, and providing a safer experience.
   2. 6.2 Use of Cookies: Our Platform uses cookies to enhance user experience.
   3. 6.3 Types of Cookies: We use different types of cookies, including essential cookies, performance cookies, functional cookies, and targeting cookies.
   4. 6.4 Managing Cookies: You can manage cookies through your browser settings. However, disabling cookies may affect the functionality of the Platform.
7. Intellectual Property Rights. The Platform retains ownership of all branding, software, and proprietary technologies. Vendors and users retain ownership of their submitted content but grant the Platform all licenses described in this Agreement.  Unauthorized use of the Platform’s intellectual property is strictly prohibited by all user and vendors.
   1. 7.2 Vendor Licensing Clause (Vendors Only). By submitting content (e.g., logos, business descriptions, and service details), Vendors grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, and promote the content for any and all use, including but not necessarily limited to advertising and marketing the Platform itself, its associated vendors, and the Platform’s listings. This license lasts for the duration of the Vendor’s subscription and 12 months after termination. This paragraph further incorporates by direct reference any and all terms, obligations, covenants and conditions contained in the “Limited License Agreement” executed between the Platform and all vendors. In the event of any conflict between the terms of this Agreement and the Limited License Agreement, the latter shall control.
8. Limitation of Liability. The Platform does not guarantee property purchases, sales, vendor performance, or transaction outcomes. The Platform is provided as-is without warranties.
   2. 8.2 General Limitation: To the fullest extent permitted by applicable law, the Platform together with all of Affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from i) your access to or use of or inability to access or use the website; ii) any conduct or content of any third party on the website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; iii) any content obtained from the website; and iv)
      unauthorized access, use, or alteration of your transmissions or content.
   3. 8.3 Cap on Liability: In no event shall the aggregate liability of Platform and its Affiliates exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid the Platform, if any, in the past six months for the services giving rise to the claim.
   4. 8.4 Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the liability of Platform and its Affiliates will be limited to the fullest extent permitted by law.
   5. 8.5 Basis of the Bargain: The limitations of damages set forth above are fundamental elements of the basis of the bargain between Platform together with its Affiliates and you.
9. Indemnification. You agree to defend, indemnify, and hold harmless Platform and its Affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with i) Your access to or use of the website; ii) Your violation of these Terms; iii) Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; and, iv) Any claim that your use of the Platform caused damage to a third party.
10. Termination and Account Suspension.
    2. 10.2 User Termination: Users may delete their accounts at any time.
    3. 10.3 Vendor Termination: Vendors may cancel subscriptions at the end of a billing cycle.
    4. 10.4 Platform Termination: The Platform reserves the right to suspend or terminate any account violating these terms without refund.
11. Additional Terms and Conditions
    2. 11.2 Payment Terms (Vendors Only). Vendors pay a recurring monthly fee to be advertise and be listed on the Platform. Payments for such fees may be processed through third-party payment processors. All fees are non-refundable except where required by law. A vendor’s failure to deliver payment to Platform, as described in all applicable agreements, may result in account suspension and/or removal.
    3. 11.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
    4. 11.4 Dispute Resolution Procedure.
       1. 11.4.1 Initial Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to the use of the Platform, including but not limited to any services provided, agreements entered into, or interactions facilitated by the Platform (collectively, “Dispute”), shall first be communicated in writing to Platform via email at support@hoyonow.com (“Notice of Dispute”). The Notice of Dispute shall include a detailed description of the issue, all relevant facts, and the requested resolution. Upon receipt of the Notice of Dispute, Platform shall have ten (10) business days to review and respond. The response may include a proposed resolution, request for additional information, or a denial of the claim. The parties shall engage in good faith negotiations during this period to resolve the matter amicably.
       2. 11.4.2 Mandatory Pre-Suit Mediation. If the parties are unable to resolve the Dispute through Initial Dispute Resolution, the complaining party shall then demand mandatory pre-suit mediation via written notice to Platform via email at support@hoyonow.com (“Notice of Presuit Mediation”).  Mediation shall be conducted strictly in accordance with the following terms:
• - The mediation shall take place in Orange County, Florida and shall be governed by the standard rules of mediation in effect at the time of the Dispute. Mediation shall be in person and not virtual unless agreed to by both parties.
• - The parties shall mutually select a mediator within ten (10) business days of the mediation demand. If the parties cannot agree on a mediator and thirty (30) days or more have passed since the Notice of Presuit Mediation, Platform shall select a mediator which it deems acceptable and schedule the mediation.
• - Each party shall participate in mediation in good faith with the intent to reach a resolution.
• - The parties shall equally share the costs of the mediation, including the mediator’s fees.
• - Each party shall bear its own legal fees and expenses incurred up to and through mediation, regardless of the outcome of the mediation.
1. 1. 11.4.3 Litigation. If the parties are unable to resolve the Dispute through Initial Dispute Resolution or Mandatory Presuit Mediation, only then may the complaining party file a lawsuit in a court of competent jurisdiction located in Orange County, Florida. The litigation shall be subject to the following conditions:
12. - Jurisdiction and Venue: The parties irrevocably consent to the exclusive jurisdiction and venue of the courts located in Orange County, Florida for any litigation arising out of or related to the Dispute.
13. - Attorneys’ Fees and Costs: The prevailing party in any litigation shall be entitled to recover its reasonable attorneys’ fees and costs, but only from the date of filing the lawsuit forward. Any fees or costs incurred prior to filing suit shall be borne by each party individually.
14. - Waiver of Jury Trial: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT OR THE USE OF THE PLATFORM.
5. 11.5 Entire Agreement. This Agreement, including the Terms of Service, Privacy Policy, and all related clauses and other executed agreements between You and the Platform or its Affiliates, constitutes the entire understanding between the parties. It supersedes all prior agreements, representations, and understandings and no modifications to any such agreements are valid unless made in writing and signed by both parties.
6. 11.6 Force Majeure. Neither Party shall be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, supply chain disruptions, or governmental regulations. The affected Party shall notify the other Party as promptly as possible and shall use reasonable efforts to minimize the impact of such events.
7. 11.7 Non-Disparagement. You agree that you will not, at any time during the term of this Agreement including during all periods of either consistent or interrupted  use of the Platform or at any time thereafter, make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning the Platform, its vendors, its Affiliates, or their respective businesses, employees, officers, directors, or agents.
   1. 11.7.1 Scope of Nondisparagement: This nondisparagement provision applies to all forms of communication, including but not limited to oral, written, and electronic communications, and extends to all platforms, including social media, websites, and other online forums.
   2. 11.7.2 Exceptions: The nondisparagement obligations do not apply to i) statements that are required to be made by law, regulation, or court order, provided that the party making the statement gives the other party prompt written notice of such requirement and cooperates with the other party in seeking any appropriate protective order or ii) statements made in the course of any legal proceedings involving the parties, provided that such statements are relevant to the issues in dispute and are made in good faith. 
   3. 11.7.3 Remedies: You acknowledge that a breach of this nondisparagement provision may cause irreparable harm to the Platform, its Affiliates, and/or its vendors or other users, for which monetary damages may not be an adequate remedy. Therefore, in the event of a breach or threatened breach of this provision, the Platform shall be entitled to seek injunctive relief, specific performance, or other equitable relief, in addition to any other remedies available at law or in equity.
      
      BY USING THIS WEBSITE, YOU AGREE TO COMPLY WITH THE ABOVE CONFIDENTIALITY POLICY AND NONDISPARAGEMENT PROVISIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
8. 11.8 Confidentiality.
   1. 11.8.1 Confidential Information: For the purposes of this Agreement, "Confidential Information" means any information disclosed by one party ("Discloser") to the other party ("Recipient") that is marked as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, customer data, financial information, marketing strategies, and proprietary technology.
   2. 11.8.2 Obligations of Confidentiality: The Recipient agrees to i) maintain the confidentiality of the Confidential Information and not disclose it to any third party without the prior written consent of the Discloser, ii) use the Confidential Information solely for the purpose of fulfilling its obligations under this Agreement, and iii) take all reasonable measures to protect the confidentiality of the Confidential Information, which shall be no less than the measures it uses to protect its own confidential information of a similar nature.
   3. 11.8.3 Exclusions: Confidential Information does not include information that i) is or becomes publicly known through no breach of this Agreement by the Recipient, ii) is rightfully received from a third party without breach of any obligation of confidentiality, iii) is independently developed by the Recipient without use of or reference to the Disclosers Confidential Information, iv) is required to be disclosed by law, regulation, or court order, provided that the Recipient gives the Discloser prompt written notice of such requirement and cooperates with the Discloser in seeking any appropriate protective order.
   4. 11.8.4 Return or Destruction of Confidential Information: Upon termination of this Agreement, or upon the Disclosers written request, the Recipient shall promptly return or destroy all copies of the Confidential Information in its possession or control and certify in writing to the Discloser that it has done so.
9. 11.9 Amendments and Modification. No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by authorized representatives of both Parties, provided however the Platform reserves the right to update the terms of this Agreement at any time and in such case, users will be notified of material changes via email or platform notifications. Your continued use of the Platform after updates constitutes acceptance of the revised terms.
10. 11.10 Assignment. Neither Party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other Party.
11. 11.11 Notices. All notices under this Agreement shall be in writing and shall be deemed to have been duly given i) When delivered by hand, upon receipt; ii) When sent by email, upon acknowledgment of receipt by the receiving Party; iii) When sent by overnight courier, on the next business day; or iv) When mailed by certified or registered mail, return receipt requested, postage prepaid, on the third business day after the date of mailing.
12. 11.12 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13. 11.13 Survival. All terms, conditions, covenants, obligations, and/or promises contained herein which reasonably can survive termination or cessation of use of the Platform by any user, whether such termination or cessation was voluntary or involuntary, shall survive said termination or cessation of use of the Platform.
14. 11.14 Contact Information. If you have questions about this Agreement or need to notify the Platform of any matter, contact us at

[P.O. Box 570175, Orlando, FL 32857]

[Support@hoyonow.com]

DISCLAIMER POLICY

Last Updated: [04/08/2025]

This Disclaimer (“Disclaimer”) governs your use of www.hoyonow.com (“Home On Your Own,” “HOYO,” “Platform,” “We,” “Us,” “Our”). By accessing or using our website, you acknowledge and agree to the terms outlined in this Disclaimer.

1. No Real Estate Brokerage Services Provided

• HOYO is not a real estate brokerage.
• We do not engage in real estate transactions, negotiate on behalf of buyers or sellers, or provide agency representation services.
• The platform solely facilitates connections between real estate buyers, sellers, and third-party service vendors.

USE OF THE PLATFORM DOES NOT CREATE ANY AGENCY RELATIONSHIP OR FIDUCIARY DUTY BETWEEN USERS AND THE PLATFORM.

2. No Professional Advice

The content provided on this platform, including property listings, vendor information, blog posts, and educational resources, is for informational purposes only.

• No Legal, Financial, or Real Estate Advice: Information provided should not be considered legal, financial, investment, or professional advice.
• Consult Professionals: Users are encouraged to seek professional advice from licensed professionals for their specific circumstances.

3. Vendor Listings and Third-Party Services

• The Platform features third-party vendors who pay a monthly fee to be listed.
• We do not endorse, guarantee, or verify the quality, licensure, or performance of any vendor listed on the platform.
• Vendors are solely responsible for the accuracy of their listings and the quality of services provided.
• Engaging with vendors through the platform is done at your own risk.

4. Property Listings and User-Generated Content

• Accuracy Disclaimer: Property listings and descriptions submitted by users are not verified by the Platform. We do not guarantee the accuracy, completeness, or legality of any property information submitted.
• Intellectual Property: Users submitting content certify they own or have permission to use all submitted property photos and descriptions.
• No Guarantee of Sale or Transaction Success: Listing a property on the Platform does not guarantee a successful sale or transaction.

5. Limitation of Liability

To the maximum extent permitted by law:

• No Liability for Vendor Actions: We are not liable for the services provided by third-party vendors or the outcome of any real estate transaction initiated through the platform.
• No Liability for Errors or Omissions: The Platform makes reasonable efforts to maintain accurate content but makes no guarantees.
• Platform Use “As-Is”: The Platform is provided “as-is” without warranties of any kind, express or implied.

OUR TOTAL LIABILITY UNDER ANY CIRCUMSTANCE SHALL NOT EXCEED THE TOTAL FEES PAID TO US BY THE USER IN EITHER THE THREE (3) MONTHS PRECEDING THE CLAIM OR THE SIX (6) MONTHS PRECEDING THE CLAIM. THE AMOUNT OF OUR TOTAL LIABILTY, IF ANY, IS INEXTRICABLY INTERTWINED TO THE NATURE OF THE CLAIM GIVING RISE TO LIABILITY AND IF THE CLAIM AROSE FROM ANY CONTRACT OR AGREEMENT WITH US, THEN THAT AGREEMENT MAY HAVE A SPECIFIC LIMITATION OF LIABILITY OR A CAP ON OUR TOTAL LIABILTY. IN SUCH CASE, OUR TOTAL LIABILITY WILL NEVER EXCEED THE LARGEST CAP IN ANY AGREEMENT OR CONTRACT YOU ENTERED INTO WITH US.

6. Indemnification

You agree to indemnify, defend, and hold harmless the Platform, its owners, directors, employees, agents, representatives, contractors, shareholders, members, managers, predecessors or successor in interest, parents, subsidiaries, and/or corporate affiliates (“Affiliates”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to

• Your use of the Platform;
• Your breach of these terms;
• Any violation of applicable laws or regulations;
• Any misrepresentation or negligent, reckless, and/or fraudulent act;
• Any misrepresentation of any detail or feature relating or pertaining to any property listing or vendor service, and/or;
• Any violation of any intellectual property right by any licensor or licensee using the Platform.

This obligation will survive the termination of these terms and your use of the Platform.

7. Third-Party Links

The Platform may contain links to third-party websites and services.

• These links are provided for convenience only.
• We do not control or endorse the content or practices of third-party websites.
• Use of linked websites is at your own risk, and we disclaim liability for their content or services.

8. Affiliate Disclosure

The Platform may participate in affiliate marketing programs where we receive commissions from purchases made through third-party links.

• Affiliate links will be disclosed where applicable.
• Commissions received do not influence the content or vendor listings on the Platform.

9. Platform Availability and Technical Issues

• We strive to maintain platform uptime and accessibility but do not guarantee uninterrupted service.
• We are not responsible for technical issues, outages, or data loss resulting from third-party service providers or force majeure events.

10. Governing Law/Dispute Resolution

1. 10.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
2. 10.2. Dispute Resolution Procedure.
   1. 10.2.1. Initial Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to the use of the Platform, including but not limited to any services provided, agreements entered into, or interactions facilitated by the Platform (collectively, “Dispute”), shall first be communicated in writing to Platform via email at support@hoyonow.com (“Notice of Dispute”). The Notice of Dispute shall include a detailed description of the issue, all relevant facts, and the requested resolution. Upon receipt of the Notice of Dispute, Platform shall have ten (10) business days to review and respond. The response may include a proposed resolution, request for additional information, or a denial of the claim. The parties shall engage in good faith negotiations during this period to resolve the matter amicably.
   2. 10.2.2. Mandatory Pre-Suit Mediation. If the parties are unable to resolve the Dispute through Initial Dispute Resolution, the complaining party shall then demand mandatory pre-suit mediation via written notice to Platform via email at support@hoyonow.com (“Notice of Presuit Mediation”).  Mediation shall be conducted strictly in accordance with the following terms:
   3. - The mediation shall take place in Orange County, Florida and shall be governed by the standard rules of mediation in effect at the time of the Dispute. Mediation shall be in person and not virtual unless agreed to by both parties.
   4. - The parties shall mutually select a mediator within ten (10) business days of the mediation demand. If the parties cannot agree on a mediator and thirty (30) days or more have passed since the Notice of Presuit Mediation, Platform shall select a mediator which it deems acceptable and schedule the mediation.
   5. - Each party shall participate in mediation in good faith with the intent to reach a resolution.
   6. - The parties shall equally share the costs of the mediation, including the mediator’s fees.
   7. - Each party shall bear its own legal fees and expenses incurred up to and through mediation, regardless of the outcome of the mediation.
   8. 10.2.3. Litigation. If the parties are unable to resolve the Dispute through Initial Dispute Resolution or Mandatory Presuit Mediation, only then may the complaining party file a lawsuit in a court of competent jurisdiction located in Orange County, Florida. The litigation shall be subject to the following conditions:

• Jurisdiction and Venue: The parties irrevocably consent to the exclusive jurisdiction and venue of the courts located in Orange County, Florida for any litigation arising out of or related to the Dispute.
• Attorneys’ Fees and Costs: The prevailing party in any litigation shall be entitled to recover its reasonable attorneys’ fees and costs, but only from the date of filing the lawsuit forward. Any fees or costs incurred prior to filing suit shall be borne by each party individually.
• Waiver of Jury Trial: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT OR THE USE OF THE PLATFORM.

11. Changes to This Disclaimer

We reserve the right to update this Disclaimer at any time. Material changes will be communicated through a notice on the platform and your continued use of the Platform constitutes acceptance of and consent to any and all such changes.

12. Contact Us

If you have questions or concerns about this Disclaimer, please contact us:

[P.O. Box 570175, Orlando, FL 32857]

[support@hoyonow.com]

PROPERTY LISTING AGREEMENT

Last Updated: [04/08/2025]

These PROPERTY LISTING AGREEMENT (“Agreement”) govern how property owners, sellers, and/or authorized representatives (“You,” “User”) may list properties on www.hoyonow.com (“Home On Your Own,” “HOYO,” “Platform,” “We,” “Us,” “Our”). By submitting a listing, you agree to these terms.

1. Eligibility and Ownership. You must be the property owner, authorized representative, or agent with the legal authority to list the property. You affirm that all property information provided is accurate and complete.
2. Property Photos and Descriptions
   1. 2.1 User License: By submitting property photos, descriptions, and other listing details, you grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, and promote the content.
   2. 2.2 User Warranties: You represent and warrant that i) You have the legal right to use and share the photos and listing content ii) Submitted content does not infringe on third-party intellectual property rights and iii) The content is truthful and not misleading.

3. Accuracy of Listings. Users must ensure all property details are accurate and current.
   1. 3.1 Prohibited Content: In addition to any general restrictions on information submitted to the Platform as described in the Terms and Conditions of Service, property listings must not contain i) false or misleading pricing information or information concerning any property features ii) any unverified claims about the size, location, description, amenities or any other aspect of property and/or any of its features or iii) any third-party copywritten material or protected intellectual property owned by or belonging to any third party without all required consent of the owner of the copywritten material or intellectual property.         

4. Listing Removal and Moderation. The Platform reserves the right to remove or modify property listings if the listing is found to contain false, misleading, or offensive content, or that the content violates applicable laws or any Platform policies. The Platform will also remove any such property listing upon receiving information or notification that the property has been or may have been sold.
5. No Guarantee of Sale or Performance. The Platform does not guarantee property sales or buyer interest. Property listings are for informational purposes only, and no promise, guarantee, representation or warranty is made regarding any transaction outcome.
6. Limitation of Liability. The Platform does not guarantee property purchases, sales, vendor performance, or transaction outcomes. The Platform is provided as-is without warranties.
1. 6.1 General Limitation: To the fullest extent permitted by applicable law, the Platform together with all of Affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from i) your access to or use of or inability to access or use the website; ii) any conduct or content of any third party on the website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; iii) any content obtained from the website; iv)
   unauthorized access, use, or alteration of your transmissions or content v) any factual, textual, photographic, and/or videographic errors contained in user-submitted property listings vi) any accidental, intentional, negligent, reckless misrepresentation, fraud or similar conduct committed by any user of the Platform and vii) any claim, suit, cause fo action, demand, whether in law or in equity, by, between or among any buyer, seller, user or vendor of Platform.
2. 6.2 Cap on Liability: In no event shall the aggregate liability of Platform and its Affiliates exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid the Platform, if any, in the past six months for the services giving rise to the claim.
3. 6.3 Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the liability of Platform and its Affiliates will be limited to the fullest extent permitted by law.
4. 6.4 Basis of the Bargain: The limitations of damages set forth above are fundamental elements of the basis of the bargain between Platform together with its Affiliates and you.

7. Compliance with Real Estate Laws. Users agree to comply with all applicable local, state and federal ordinances, regulations, laws and statutes including any and all obligations of a seller, owner or the authorized representative of any property owner to disclose any known, unknown, latent, and/or patent defect, history, or condition of any real property. Any claims or disputes regarding property transactions must be resolved directly between the affected parties.
8. Indemnification and Hold Harmless Agreement. You agree to indemnify, defend, and hold harmless the Platform, its owners, directors, employees, agents, representatives, contractors, shareholders, members, managers, predecessors or successor in interest, parents, subsidiaries, and/or corporate affiliates (“Affiliates”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to i) Your use of the Platform ii) Your breach of these terms iii) Any violation of applicable laws or regulations iv) Any misrepresentation or negligent, reckless, and/or fraudulent act by you. This obligation will survive the termination of these terms and your use of the Platform.
9. Additional Terms and Conditions
1. 9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
2. 9.2 Dispute Resolution Procedure.
   1. 9.2.1 Initial Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to the use of the Platform, including but not limited to any services provided, agreements entered into, or interactions facilitated by the Platform (collectively, “Dispute”), shall first be communicated in writing to Platform via email at support@hoyonow.com (“Notice of Dispute”). The Notice of Dispute shall include a detailed description of the issue, all relevant facts, and the requested resolution. Upon receipt of the Notice of Dispute, Platform shall have ten (10) business days to review and respond. The response may include a proposed resolution, request for additional information, or a denial of the claim. The parties shall engage in good faith negotiations during this period to resolve the matter amicably.
   2. 9.2.2 Mandatory Pre-Suit Mediation. If the parties are unable to resolve the Dispute through Initial Dispute Resolution, the complaining party shall then demand mandatory pre-suit mediation via written notice to Platform via email at support@hoyonow.com (“Notice of Presuit Mediation”).  Mediation shall be conducted strictly in accordance with the following terms:
   • - The mediation shall take place in Orange County, Florida and shall be governed by the standard rules of mediation in effect at the time of the Dispute. Mediation shall be in person and not virtual unless agreed to by both parties.
   • - The parties shall mutually select a mediator within ten (10) business days of the mediation demand. If the parties cannot agree on a mediator and thirty (30) days or more have passed since the Notice of Presuit Mediation, Platform shall select a mediator which it deems acceptable and schedule the mediation.
   • - Each party shall participate in mediation in good faith with the intent to reach a resolution.
   • - The parties shall equally share the costs of the mediation, including the mediator’s fees.
   • - Each party shall bear its own legal fees and expenses incurred up to and through mediation, regardless of the outcome of the mediation.
   1. 9.2.3 Litigation. If the parties are unable to resolve the Dispute through Initial Dispute Resolution or Mandatory Presuit Mediation, only then may the complaining party file a lawsuit in a court of competent jurisdiction located in Orange County, Florida. The litigation shall be subject to the following conditions:
   • - Jurisdiction and Venue: The parties irrevocably consent to the exclusive jurisdiction and venue of the courts located in Orange County, Florida for any litigation arising out of or related to the Dispute.
   • - Attorneys’ Fees and Costs: The prevailing party in any litigation shall be entitled to recover its reasonable attorneys’ fees and costs, but only from the date of filing the lawsuit forward. Any fees or costs incurred prior to filing suit shall be borne by each party individually.
   • - Waiver of Jury Trial: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT OR THE USE OF THE PLATFORM.
1. 9.3 Entire Agreement. This Terms for Property Listings, including any and all related clauses and other executed agreements between You and the Platform or its Affiliates, constitutes the entire understanding between the parties. It supersedes all prior agreements, representations, and understandings and no modifications to any such agreements are valid unless made in writing and signed by both parties.
2. 9.4 Force Majeure. Neither Party shall be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, supply chain disruptions, or governmental regulations. The affected Party shall notify the other Party as promptly as possible and shall use reasonable efforts to minimize the impact of such events.
3. 9.5 Amendments and Modification. No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by authorized representatives of both Parties, provided however the Platform reserves the right to update the terms of this Agreement at any time and in such case, users will be notified of material changes via email or platform notifications. Your continued use of the Platform after updates constitutes acceptance of the revised terms.
4. 9.6 Assignment. Neither Party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other Party.
5. 9.7 Notices. All notices under this Agreement shall be in writing and shall be deemed to have been duly given i) When delivered by hand, upon receipt; ii) When sent by email, upon acknowledgment of receipt by the receiving Party; iii) When sent by overnight courier, on the next business day; or iv) When mailed by certified or registered mail, return receipt requested, postage prepaid, on the third business day after the date of mailing.
6. 9.8 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
7. 9.9 Survival. All terms, conditions, covenants, obligations, and/or promises contained herein which reasonably can survive termination or cessation of use of the Platform by any user, whether such termination or cessation was voluntary or involuntary, shall survive said termination or cessation of use of the Platform.

Contact Information. If you have questions about this Agreement or need to notify the Platform of any matter, contact us at

[P.O. Box 570175 Orlando, FL 32857]

[support@hoyonow.com]