LemonBrew is an online web platform where Consumers may be matched with Real Estate Agents. LemonBrew is not a mortgage lender or mortgage broker. We do not make any loan commitments or fund any mortgage loans. A Referral is defined when LemonBrew has introduced the Real Estate Agent to the Buyer or Seller via phone, email, text or through the LemonBrew Website or portal. By accepting a Referral, the Real Estate Agent hereby agrees to the terms and conditions set for on the LemonBrew Realty Referral Agreement. You understand and agree that we may modify and / or change the prices of the products and services offered, including any referral fees.
LemonBrew provides the BrewScore to review and match Consumers with Real Estate Agents. The BrewScore and Website allow Consumers to submit, and authorize LemonBrew to obtain, information regarding, among other things, the Consumer’s finances, assets, credit history, and homebuying preferences, for use in matching the Consumer to Real Estate Agents and reviewing the Consumer’s potential to receive a rebate from the Real Estate Agent.
You assume all risks concerning the suitability and accuracy of the information provided by LemonBrew and all risks associated with the representation of any consumers, which may include face to face meetings with the customer in empty homes, driving to and from various destinations and other activities typically associated with a real estate transaction. LemonBrew assumes no responsibility for and disclaims all liability for any such activities, and any inaccuracies, errors or omissions. Much of the data contained in the LemonBrew Service is provided to us by third parties and therefore we do not control the accuracy or completeness of the information contained in the Services, including the BrewScore. The content, Services, calculations, information, products and materials on or available through this Website are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible under applicable law, LemonBrew disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement. We make no representation or warranty regarding the content, Services, calculations, information, products or materials, or the use or results of use of the content, Services, calculations, products or materials, on or available through this web site. The content, Services, calculations, information, products and materials on or available through this Website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication.
Your participation in Real Estate Agent Referral Platform is voluntary and can be terminated by either party at any time with a written notice. Any Referrals made prior to such termination are still bound by this your agreements with LemonBrew, including these terms and conditions.
You will not act as LemonBrew employee under the meaning of or application of any United States federal or state laws relating to unemployment insurance, retirement benefits, Social Security, worker’s compensation, or any regulations that may impute any obligation or liability to LemonBrew because of an employment relationship. You are not the agent of the Company and are not authorized to make any representation, contract, or commitment on behalf of the Company. You are not entitled to any of the benefits which LemonBrew may make available to its employees, such as group insurance, profit sharing or retirement benefits.
By participating in the Real Estate Agent Referral Platform, the you acknowledge that you are the end user of a credit report provided by LemonBrew, and subject to the applicable requirements of the federal Fair Credit Reporting Act and Regulation V, as well as all other applicable state and federal laws and regulations. You agree to the FCRA User Certification, and certify to LemonBrew that the Real Estate Agent understands and will comply with its obligations under the FCRA. You certify that all reports (including the BrewScore) will be obtained and used only in connection with one of the following permissible purposes: (i) According to written instruction provided by the Consumer to LemonBrew and you (As a LemonBrew Partner Agent), as shown by an active Consumer account on the LemonBrew portal; and/or (ii) for a legitimate business need in connection with a transaction initiated by the Consumer.
You are responsible for the real estate brokerage services provided to the Referred Consumer. You will indemnify and hold harmless LemonBrew and its affiliates, Broker’s and its affiliates’ officers, directors, employees, sublicensees, parents, subsidiaries, affiliates, customers and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of any representation or warranty (a “Claim”) set forth above; provided that the we gives you written notice of any such Claim and you have the right to participate in the defense of any such Claim at your expense.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
PO Box 18272
1233 The PLZ
Charlotte, NC 28205
c. No Waiver
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
d. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and/or delegation by you shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, LemonBrew for any third party that assumes our rights and obligations under this Agreement.
e. Amendments to This Agreement and Termination
We reserve the right to modify, supplement, or replace all or any portion of the terms of this Agreement at any time by posting updated terms on the Website.
f. Governing Law
Your participation in LemonBrew’s Website and Services is voluntary and can be terminated at any time. Any Matches made prior to such termination are still bound our agreement with the LemonBrew Partner Agent. In the event that legislation or governmental regulations prohibit the use of any products or services, we may terminate our Services upon the effective date of such legislation or regulations and you shall discontinue using our Services. Upon termination, you and we agree to continue our cooperation in order to effect an orderly termination of our relationship.
b. Disclaimer to Consumer Using the Services
You understand and agree that LemonBrew is not representing you as a real estate agent or broker or property manager. Also by using the Website or the Services, you may come into contact with or use the services of various real estate agents or brokers, vendors, advertisers or other third parties. LemonBrew does not control or supervise any such affiliates, agents, brokers, vendors, advertisers or other third parties, and LemonBrew is not responsible for their actions. All terms and conditions between a Consumer and a real estate professional are governed by a separate legal agreement that does not involve LemonBrew and is solely between the Consumer and the real estate professional. LemonBrew does not endorse, validate, or recommend any legal agreements between Consumers and real estate professionals. Please consult your own attorney.
The Website allows Consumers to submit, and to authorize LemonBrew to obtain, information from third parties regarding, among other things, your finances, assets, credit use and history, and home buying preferences, to calculate a BrewScore for determining your potential to receive a rebate from the Real Estate Agent and in matching you to LemonBrew Partner Agents. The BrewScore is meant for your personal use only. You acknowledge and agree that LemonBrew (including through the BrewScore and other services) has not and does not provide you legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your credit or credit scores), and that the BrewScore and other services are not designed or intended to provide any such advice. We provide Services and related information solely to assist you in locating real estate agents and related real estate services and you agree that you will not use the Website or Services for any other purpose, especially a commercial purpose.
d. Your Right to Obtain a Consumer Report Free of Charge
Consumer reporting agencies are required by law to give you a copy of your consumer report (sometimes referred to as a credit report) upon request at no charge or for a nominal fee. None of the products offered through this site are intended as a substitute for the consumer report that may be available to you without charge.
e. Personal Information; Permissible Purpose Authorization
By using the Services, you certify that you are eighteen (18) years or older and that all of the information provided incident to using the Services is true, accurate, complete and up to date. You must also establish a user identification and password, and you agree to keep them strictly confidential and not to share them with others.
f. Disputes & Questions About Your BrewScore
Any questions or disputes regarding the accuracy of any information provided by you in the BrewScore must be directed to, and will be handled by, LemonBrew. Questions or disputes regarding the accuracy of information obtained by LemonBrew from third parties, including consumer reporting agencies (i.e., Experian), must be directed to, and will be handled by, the applicable third party. The FCRA permits consumers to dispute inaccurate information in their credit report without charge; however, accurate information cannot be changed. If you choose to dispute your BrewScore, your LemonBrew account will be suspended and locked until we (or the applicable third party) finish/es the investigation. LemonBrew is required by law to give you a copy of your consumer disclosure (the consumer information about you retained by LemonBrew) upon request, at no charge or for a nominal fee. If you believe your BrewScore contains inaccurate or incomplete information, you may request, at no charge to you, that LemonBrew research the information contained in your LemonBrew consumer disclosure. Further, if you believe or suspect that you have been the victim of identity theft, you may request, at no charge to you, that LemonBrew place an alert on your LemonBrew consumer report. To obtain more information about your rights, read the Summary of FCRA Rights.
You agree to indemnify LemonBrew and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Website and/or your breach/violation of or failure to comply with the Agreement. Neither LemonBrew nor any of our affiliated persons will be liable to you for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions of any such person in preparing, reporting or delivering the Services, verifying your identity, or in doing anything related thereto. Neither we nor the affiliated persons will be liable to you for direct, special, indirect, incidental, consequential, punitive or emotional distress damages in connection with your use of this Website, any use or reliance upon information found at this Website or provided by us or any Services provided at this Website or through any other medium, even if advised of the possibility of such damages.
You acknowledge and agree that we may contact you via electronic means, including e-mail, calls and text messages, at the email address and telephone number provided by you telemarketing or non-telemarketing purposes. You further agree that we may make this contact by using a predictive dialer or an automatic telephone dialing system, and/or by using an artificial or prerecorded voice. You agree to notify us promptly if a telephone number you provided to us is no longer a number at which you may be reached (such as in the event of number reassignment or if you want to revoke your consent to be contacted by telephone). Please note that mobile messaging, text, and data rates may apply.
b. Option for Paper or Non-Electronic Records
c. Scope of Consent
This consent applies to all interactions you have with LemonBrew, the Website, and/or the Services, and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. Disclosures may be provided through the Website or by e-mail.
d. Hardware and Software Requirements
e. Withdrawing Consent
f. Change To Your Contact Information
Much of the data contained in the LemonBrew Service is provided to us by third parties and therefore we do not control the accuracy or completeness of the information contained in the Services. The content, Services, calculations, information, products and materials on or available through this Website are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible under applicable law, LemonBrew disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement. We make no representation or warranty regarding the content, Services, calculations, information, products or materials, or the use or results of use of the content, Services, calculations, products or materials, on or available through this web site. The content, Services, calculations, information, products and materials on or available through this Website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication.
c. Other Intellectual Property
e. Reservation of Rights
LemonBrew is not a credit repair organization and does not provide any form of credit repair advice or counseling. We do not offer, provide, or furnish any Services, or any advice, counseling, or assistance, for the express or implied purpose of improving your credit record, credit history, or credit rating. By this we mean that we do not claim we can “clean up” or “improve” your credit record, credit history, or credit rating. These items (credit record, history, and rating) are based on your past or historical credit behavior, and accurate and timely adverse credit information cannot be changed.
LemonBrew complies with all applicable laws, regulations, and policies regarding the achievement of equal housing opportunity throughout the areas we serve, and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.
a. Binding Arbitration
b. No Class or Representative Arbitrations
c. Right to Opt-Out of this Arbitration Provision
d. Initiation of Arbitration
e. Payment of Arbitration Fees and Costs
g. Small claims court
1233 The PLZ
Charlotte, NC 28205