Terms of Service

Last updated: 7/28/2025

Acceptance of Terms

By accessing and using HomeLinkPath services ("Service"), you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service govern your use of our real estate platform, website, mobile application, and related services provided by Richard Marlin Broker.

SMS Text Messaging Terms

Consent and Opt-In

By providing your mobile phone number and checking the consent box, you expressly consent to receive automated text messages from Richard Marlin Broker regarding:

  • Property alerts and new listings
  • Appointment confirmations and reminders
  • Market updates and property information
  • Service notifications and account updates
  • Real estate educational content

Message Frequency and Charges

Message frequency varies depending on your preferences and market activity. We may send up to 10 messages per month, though frequency may be higher during active property searches or time-sensitive opportunities. Message and data rates may apply according to your mobile carrier's plan. Carriers are not liable for delayed or undelivered messages.

Opt-Out Instructions

You may opt out of SMS communications at any time by:

  • Replying "STOP" to any text message
  • Replying "UNSUBSCRIBE" to any text message
  • Calling us at (949) 736-3080
  • Emailing us at privacy@marlinmarketing.co

After opting out, you will receive a final confirmation message. You may opt back in at any time by replying "START" or by re-subscribing through our website.

Help and Support

For help with SMS services, reply "HELP" to any message or contact us at (949) 736-3080. Our customer support is available Monday-Friday, 8 AM - 6 PM PST.

⚠️ Lead Generation Marketplace Terms

Platform Purpose and Business Model

HomeLinkPath operates as a lead generation and referral marketplace. By using our services, you acknowledge and agree that:

  • Your contact information and inquiry details will be sold to real estate professionals
  • Multiple agents may contact you regarding your inquiry
  • We generate revenue from selling your lead information to agents
  • Your data may be shared with third-party partners and service providers
  • Lead pricing varies from $25-$200+ based on quality and market demand

No Real Estate Services Provided

IMPORTANT: HomeLinkPath does NOT provide real estate services. We are a lead generation platform only. We do not represent buyers or sellers, provide real estate advice, or participate in transactions. All real estate services are provided by independent licensed professionals who purchase leads through our platform.

Agent Independence and Responsibilities

Agents who purchase leads are independent contractors. HomeLinkPath is not responsible for:

  • Agent licensing, credentials, or professional conduct
  • Quality of real estate services provided by agents
  • Transaction outcomes, closings, or commission disputes
  • Agent communication, follow-up, or response times
  • Professional errors, omissions, or malpractice by agents

Lead Quality and Guarantees

NO GUARANTEES: We provide leads "as is" without warranties. We do not guarantee:

  • Lead accuracy, quality, or conversion potential
  • Consumer responsiveness or genuine buying/selling intent
  • Exclusivity of lead information (leads may be sold to multiple agents)
  • Geographic accuracy or lead source verification
  • Consumer financial qualification or pre-approval status

Platform Services

Our platform provides lead generation and marketplace services including:

  • Consumer inquiry collection and processing
  • Lead scoring, qualification, and classification
  • Agent subscription and credit management systems
  • Communication tools and CRM integration
  • MLS data integration and property matching
  • Payment processing and billing services

User Responsibilities

You agree to:

  • Provide accurate and complete information
  • Use the Service for lawful purposes only
  • Respect intellectual property rights
  • Not engage in fraudulent or deceptive practices
  • Comply with all applicable laws and regulations
  • Maintain the confidentiality of your account

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the practices described in our Privacy Policy.

🚨 DISCLAIMERS AND LIMITATION OF LIABILITY

NO WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We specifically disclaim all warranties regarding:

  • Lead quality, accuracy, responsiveness, or conversion potential
  • Agent qualifications, licensing status, or professional competence
  • Property data accuracy, availability, or current market conditions
  • System availability, security, or data protection
  • Third-party integrations or service provider performance
  • Compliance with state or local real estate regulations

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOMELINKPATH, RICHARD MARLIN BROKER, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Lost profits, revenue, or business opportunities
  • Real estate transaction failures or commission losses
  • Data loss, corruption, or unauthorized access
  • Costs of procurement of substitute services
  • Personal or property damage arising from agent interactions
  • Legal fees or litigation costs

Our total liability for any claims shall not exceed the amount you paid to us in the 12 months prior to the claim, or $100, whichever is less.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HomeLinkPath and its affiliates from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service or violation of these Terms
  • Your interactions with real estate agents or other users
  • Any real estate transactions or disputes involving agents you connected with through our platform
  • Your violation of any third-party rights or applicable laws
  • Inaccurate or false information you provide to us

DISPUTE RESOLUTION AND ARBITRATION

BINDING ARBITRATION: Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You waive your right to a jury trial and to participate in class actions.

Governing Law: These Terms are governed by California law without regard to conflict of law principles.

TIME LIMITATIONS

Any claim against HomeLinkPath must be brought within one (1) year of the date the claim arose, or such claim is forever barred.

Contact Information

Richard Marlin Broker

Phone: (949) 736-3080

Email: info@marlinmarketing.co

Business Hours: Monday-Friday, 8 AM - 6 PM PST

License: [Your Real Estate License Number]

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.