Terms of Service and Privacy Policy
Terms of Service
Last updated: June 25, 2026
These Terms of Service (collectively with Compass' Privacy Policy, California Privacy Notice, Home Platform Privacy Policy, and DMCA Copyright Policy, the "Terms of Service" all incorporated by reference herein) set forth legally binding terms and apply to your use of www.compass.com, www.homeplatform.com, and any other Compass branded website that is controlled by Compass (collectively, the "Site") and any services, products, platforms, features, content, or Applications (as defined herein) offered by Compass, Inc. d/b/a Compass and its Affiliates (collectively, “Compass,” “we,” “us,” or “our”) (together with the Site, the “Services”). For clarity, the Services may include consumer-facing features on compass.com and gated, login-based portal features on compass.com, and homeplatform.com (e.g., Client Dashboard functionality), as described in these Terms of Service and any Additional Terms (defined below).
“Affiliates” are our real estate brokerage subsidiaries and other affiliates that retain separate branding, such as: @properties, Compass Integrated Systems Management, Glide Labs, Latter & Blum, Launch Real Estate, OriginPoint, Ansley Real Estate, Realty Austin, Washington Fine Properties, Christie’s International Real Estate, Corcoran, Sotheby’s International Realty, Coldwell Banker Realty, as well as various title and escrow companies. Certain Services may also integrate with or be supported by third-party vendors and service providers (e.g., communications, transaction forms/workflows, and payment processing providers), which are addressed in the “Third Party Services” and “Payment Processing” sections and in any applicable Additional Terms. If your use of the Services involves Affiliates, the additional legal terms in Section 9 will apply.
“Agents” are people and other entities we contract with, including our independent contractor licensed real estate salespersons and brokers, that may offer or provide services to you. Agents may include licensed real estate professionals using compass.com and/or homeplatform.com, including Agents associated with Compass-branded brokerages and, where applicable, Agents associated with other brokerages/brands that access homeplatform.com. Please note that although Agents may elect to use Compass designated email addresses or marketing materials, Agents are independent contractors who are not employed or controlled by Compass. These Terms of Service do not govern your interaction with Agents outside of the Site, and you will be governed by other terms of service, if any, of the websites or services through which you are interacting with those Agents.
“Additional Terms” means any feature-specific or service-specific terms, policies, guidelines, notices, authorizations, or disclosures that apply to specific features or Services (for example, Platform Use terms, Calling & Texting Acceptable Use terms, Client Dashboard terms, AI Assistant terms, and Credit Card/Payment terms), each of which is incorporated by reference into these Terms of Service. If there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms will control solely with respect to the applicable feature or Service.
“Users” include (without limitation): (i) Agents, (ii) Clients (individuals working with an Agent who have an account/login for compass.com and/or homeplatform.com, including a single login that may work across both websites), (iii) Consumers browsing compass.com without an account and, for a limited period, users who create accounts on homeplatform.com while not connected to an Agent (as applicable), (iv) unlicensed assistants on Agent teams, and (v) Compass employees and contractors who access the Services as part of their work.
Platform Identification (Home Platform). Home Platform (homeplatform.com) is built by Compass and operated by Compass and/or its Affiliates, including where pages display brokerage-level branding. You acknowledge and agree that Compass provides the platform technology and processes information through the Services as described in these Terms of Service and the Home Platform Privacy Policy.
THESE TERMS OF SERVICE INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 20 FOR MORE INFORMATION.
- Acceptance of Terms of Service
BINDING CONTRACT. BY REGISTERING FOR AND/OR USING THE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE AND/OR THE APPLICATIONS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY US OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO. THIS INCLUDES ANY APPLICABLE ADDITIONAL TERMS.
Applicability. These Terms of Service apply to all users of the Services, including, without limitation, users who seek rental or sales listings or seek to have rental or sales listings posted, and users who are contributors of comments, reviews, photos, video, content, information, and other materials or services, registered or otherwise. These Terms of Service also apply to Users of gated features and portals (such as homeplatform.com), including Agents and Clients who access the Client Dashboard, Collections, transaction folders, document workflows, communications features, and related tools.
- Eligibility
Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services under these Terms of Service is compliant with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Service as a condition to our obligations.
Non-U.S. Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
- What We Do
Our Services. In addition to the services we offer in person, the Services include online platforms on which people or entities that wish (and have the right) to rent, lease, or sublet their properties (“Landlords”) or sell their properties (“Sellers”) may propose to us property listings, which are published listings of real property subject to agreements memorializing the right of an agent/broker to manage the marketing, leasing, and/or sale of such real property, in exchange for a fee or commission for their services (“Listing”). We also offer services to people who wish to rent, lease, or sublease (“Renters”) or buy (“Buyers”) such properties may search for, obtain information regarding, and potentially complete transactions with respect to, such properties. We do not own, operate, or have any control over the properties. Our Services also include product and technology developments that help facilitate real estate transactions. The Services may also include (where available) CRM tools, communications tools (including calling and texting), marketing tools, transaction management tools, and AI-enabled features, including tools that support Agents and Clients in collaboration and workflow.
Please Be Smart. You understand and agree that we are not a party to any agreement you enter into with any other user, whether or not that agreement is provided through the Services, and you acknowledge that you are solely responsible for your interactions, correspondence, and transactions with other users of the Services, whether on the Site, the Applications, in person, or otherwise.
- Please exercise good judgment and common sense;
- Please conduct all necessary, appropriate, and prudent inquiries, investigations, research, and due diligence; and
- Please take all necessary precautions when interacting with others or publicly posting Content.
For purposes of these Terms of Service, the term “Content” includes, without limitation, Listings, information, data, text, inquiries, photographs, videos, virtual tours, audio clips, written posts, reviews, feedback, comments, market reports, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services, as well as, all User Content (as defined in Section 8 below).
- Registration
Account. To utilize certain Services, you will be required to register for an account (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not select or use as a username a name (i) of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, any breach of security, or any unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account either directly or through a request made to us.
Team Permissions; Shared Access. Certain Services allow Agents to grant access or permissions to team members, unlicensed assistants, or other authorized personnel (including permissions to access CRM data, contacts, notes, communications features, and transaction folders). Depending on the permissions granted, those authorized users may be able to read, write or act within the Agent’s Account.
Shared Inboxes. Where enabled, an Agent may choose to share access to an email inbox and/or CRM inbox with team members such that a team member may be able to view the principal Agent’s entire email inbox or specific emails, depending on the settings configured by the Agent. You acknowledge that communications routed through shared inbox features may be accessible by authorized team members, and you should not assume such communications will be visible only to a single person.
Support Access; Impersonation. Compass personnel and/or authorized service providers may, where enabled, access the Services using support tools that allow them to view the Services as an Agent user (including by “impersonating” an Agent account) solely for legitimate business purposes such as providing support, troubleshooting, platform administration, compliance, and security, subject to internal controls.
- License Grant
License. Subject to these Terms of Service, we grant each user of the Services a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services and access, download, and display locally, all Content therein for your personal, non-commercial purposes. Any reproduction, modification, distribution, storage, or other use of the Services, or any Content therein for any other purpose, is expressly prohibited without prior written permission from us. You shall not sell, license, rent, share, publish, or otherwise use or exploit any Content outside the Services for commercial use, in connection with the provision of services to a third party, or in any way that violates any third party right.
Notwithstanding the foregoing, we grant Compass Agents and other Affiliate Agents certain commercial rights to access and use the Services provided, pursuant to their respective Independent Contractor Agreement (ICA) and other related agreements and/or policies between Agents and Compass or their Affiliate real estate brokerage.
Without limiting the foregoing, and subject to applicable MLS rules, no non-Compass or Affiliate real estate broker, salesperson, agent, or similar state licensed real estate professional may market or make commercial use of the Content in any way, including, without limitation, advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.
Proprietary Assets and Font Licenses. The Services display proprietary branding and licensed third-party assets, including proprietary typography and licensed fonts. Your limited license to use the Services does not grant you any right to download, extract, reverse engineer, redistribute, or use these fonts or brand assets in any standalone or external capacity. No end-user authoring or design modifications utilizing these proprietary fonts outside of the provided platform editor tools is permitted.
MLS/IDX/VOW Requirements. Certain listing data displayed through the Services may be subject to MLS and IDX/VOW requirements and restrictions, including restrictions that such data is provided for a consumer’s personal, non-commercial use, and other limitations imposed by applicable licenses or rules.
Listing Integrity and Attribution. Users accessing listing data agree to comply with all applicable Multiple Listing Service (MLS), IDX, and Virtual Office Website (VOW) rules. You shall not suppress, modify, or manipulate listing data, pricing, or mandatory listing broker attributions displayed through the Services. All listing information must be presented accurately and in accordance with any applicable rules or laws.
Availability of Content. We do not guarantee that any Content will be made available through the Services. We reserve the right, but not the obligation, to (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) remove or block any Content from the Services.
- Rules of Conduct
No Prohibited Use. As a condition of use, you shall not use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
Don't Abuse the Service. You shall not (i) manipulate the price or description of any Listing without proper authorization; (ii) interfere with other users’ Listings; (iii) recruit, solicit, or encourage any other user to use third party services or websites that are competitive to ours; (iv) use the Services to find a Listing, Landlord, Buyer, Seller, or Renter and then complete a transaction independent of the Services in order to circumvent the obligation to pay any fees related to our provision of the Services; (v) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (vi) interfere or attempt to interfere with the proper working of the Services or any activities conducted in connection with the Services; (vii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (viii) run any form of auto-responder or “spam” on the Services; (ix) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (x) harvest or scrape any Content from the Services; (xi) take any action in violation of our guidelines and policies; (xii) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any Application), except to the limited extent that applicable laws specifically prohibit such restriction; (xiii) modify, translate, or otherwise create derivative works of any part of the Services; (xiv) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy); or (xv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Anti-Scraping; AI Training Prohibition. Without limiting the foregoing, you shall not use the Services or any Content (including listing data and other Site content) to train, fine-tune, validate, or develop any machine learning or artificial intelligence model, or to create derivative datasets, embeddings, or similar representations, unless expressly authorized by Compass in writing.
Communications Compliance (TCPA/CAN-SPAM; Recording Consent). If you use communications features (including calling, texting, bulk email, or messaging tools), you are solely responsible for complying with all applicable laws, including TCPA, CAN-SPAM, and any applicable call monitoring/recording and “two-party consent” requirements, including providing required notices and obtaining required consents.
Fair Housing and Anti-Discrimination. You agree not to use the Services (including any communications, marketing, targeting, or AI-enabled features) in a manner that violates applicable fair housing, anti-discrimination, or consumer protection laws. You may not use the Services to express unlawful preferences or limitations or to engage in discriminatory steering or targeting.
Our Additional Rights. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) fulfill your requests for services; or (vi) protect the rights, property or safety of us, our users, and the public. You acknowledge and agree that we may, but have no obligation to, conduct background checks, reference checks, and credit checks on any users of the Services.
- Equal Housing Opportunity
We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. 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, handicap, familial status, or national origin. We endeavor to treat all parties fairly and honestly and to support equal housing opportunities. We encourage our users to do so as well.

- User Content; Intellectual Property Rights
User Content. All Listing, rental, or sales information, and other content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to- date, and in compliance with all applicable laws, rules, and regulations.
The following standards apply to any and all User Content. You must ensure that all User Content posted by you complies with all applicable laws and regulations. Without limiting the foregoing, you must not post User Content that:
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
- you know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (i.e. spamming);
- contains software viruses or any other disabling computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
- impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or
- includes any confidential information, violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Service.
User Content License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (including successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Intellectual Property Rights. You acknowledge and agree that the Services and the Content, including User Content provided by others, features, and functionality (including, without limitation, all content, information, data, items, materials, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. Our Site features Google Maps, and your use of Google Maps through our Services is governed by the terms of Google’s privacy policy, legal notices, and terms of use.
No right, title, or interest in or to the Services or any Content provided in connection with the Services is transferred or otherwise granted to you under these Terms of Service. All right, title, or interest in or to the Services and the Content provided in connection with the Services (other than user contributions posted by you) are reserved by us. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, or other laws.
The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Services are the trademarks of their respective owners.
Connected Email Accounts (Gmail/Outlook). If you choose to connect a third-party email account (such as Gmail or Outlook) to the Services, you authorize Compass to access and store emails and related information made available via the applicable APIs in order to provide the connected-email functionality and for the purposes described in the Home Platform Privacy Policy and any applicable Additional Terms.
Connected Accounts via Nylas. The Services may also utilize Nylas, Inc. ("Nylas") as a third-party application programming interface (API) provider to facilitate secure connections and real-time data synchronization between the Services and your third-party hosting accounts, specifically to support integrations for non-Microsoft and non-Gmail email, calendar, or contact accounts (including IMAP/SMTP and other third-party email providers). If you choose to connect such an account to the Services, you authorize us and Nylas to securely access, retrieve, process, sync, and display emails, calendar events, and contacts solely to provide this integration; provided that Compass, our Affiliates, and our third-party providers (including Nylas) explicitly disclaim any liability for syncing lags, transmission or delivery failures, data corruption, or service outages originating from Nylas or your mail host provider.
Automated Processing (including AI) and Communications Transparency. The Services may use automated systems, including artificial intelligence, to process certain information and communications made available through the Services (including via communications features, where enabled) for purposes described in the Privacy Policy and applicable Additional Terms (e.g., providing assistance features, quality assurance, service improvement, and security/fraud prevention).
- Affiliates
Some of our Services are provided through Affiliates, such as Chartwell, and OriginPoint. If your use of the Services involves services or products provided by Affiliates, your use is governed by the applicable terms of service or privacy policy for the service, platform, or website you are using and not by these Terms of Service.
When your use of the Services involves Affiliates, you are also consenting to the collection, transfer, manipulation, storage, sharing, disclosure, and other uses of your information as described in the applicable privacy policy below. For more information on the terms and conditions of some of our Affiliates, please see below:
- Chartwell Privacy & Usability Statement
- Glide Terms of Use
- Glide Privacy Policy
- OriginPoint Terms of Use
- OriginPoint Privacy Policy
- OriginPoint Privacy Notice
- OriginPoint California Consumer Privacy Notice
- Third Party Services
The Site and Applications may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other third party resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such third party websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third party website or resource.
Certain features of the Services include third party tools that are subject to additional terms, including, but not limited to, YouTube API Services. By using the Services, you agree to be bound by the YouTube Terms of Service.
Vendor Integrations; Pass-Through Terms. The Services may rely on or integrate with third-party service providers for certain functions, including (without limitation) communications (e.g., calling and texting), transaction forms/workflows, and payment processing. Your use of those features may be subject to additional third-party terms, and Compass may be required to “pass through” certain terms to you.
Google API Services User Data Policy (Limited Use). Where Users connect Google accounts and Compass accesses information via Google APIs, Compass’s use of such information will comply with the Google API Services User Data Policy, including the Limited Use requirements, as described in the Privacy Policy and applicable Additional Terms.
- Payment Processing
Information entered on any checkout page will be transmitted to and processed by Stripe, Inc., a third party payment processor. The processing of your payment will be subject to the terms, conditions and privacy policies of Stripe, Inc. We do not control, and cannot be held liable for, the security or performance of such payment processor and hereby expressly disclaim any and all liability with respect to the credit card processing to be performed by Stripe, Inc.
In all instances, you will be responsible for payment of any and all fees and taxes which may be owed to any third party vendor by you through the use of the Services. We expressly disclaim any responsibility for changes related to pricing from any third party vendor. In some states, we may collect any applicable sales tax amount from you and pay this to the relevant tax authority as required by law. You agree you are responsible for payment to Compass for any fees or costs associated with any services purchased through the Compass website or mobile app from Compass.
Escrow/Earnest Money Information. The Services may display or store certain information relating to escrow and earnest money in connection with a transaction. Compass does not provide escrow services unless expressly stated, and any escrow services may be provided by third parties subject to separate terms.
- Communications Tools (Calling, Texting, Inbox Features); Recording; Transcription
The Services may provide Communications Tools such as calling, texting, shared inbox features, and bulk messaging (including via third-party providers). Compass does not guarantee delivery, timing, or availability of communications.
Call Recording and Transcription. Where enabled by an Agent or user, calls and associated communications may be monitored or recorded and may be transcribed, and such recordings/transcripts may be stored in the Services (including within CRM features) and associated with a contact or transaction record. If you elect to use call recording, monitoring, or transcription features, you represent, warrant, and covenant that: (i) you will solely use such features in strict compliance with all applicable federal, state, and local laws, including all state all-party consent wiretapping laws; (ii) you will provide clear, conspicuous, and unambiguous prior disclosure to, and obtain the prior express consent of, all parties to the communication before initiating any recording or transcription; and (iii) you will immediately discontinue recording if consent is withdrawn. You acknowledge and agree that Compass accepts no responsibility or liability for your failure to secure all necessary consents, and you agree to fully indemnify, defend, and hold harmless Compass and its Affiliates for any claims, damages, statutory penalties, or costs arising from your utilization of any recording features.
Advertising. Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored Listings, and the like in connection with the Services on, around, and in connection with your User Content.
Website Tracking. For Compass and our other owned brokerage-affiliated agents, we use error-logging and diagnostic tools and auto-capture features as you navigate our platform (desktop and mobile). We collect this information for both IT debugging purposes, to provide us with valuable information used when considering possible web and mobile enhancements, and for any other reason we may disclose in our Privacy Policy or as permitted by law. Auto-capture enables us to take screenshots of your screen in order to view any potential error that our Engineering team may need to improve upon. By registering for an account and logging into the Services, you provide your prior, express, and affirmative opt-in consent to the utilization of these technical diagnostic tools. If you wish to void your opt-in consent at any time, please let us know by contacting us at optout@compass.com.
Your Legal Responsibilities. You are solely responsible for ensuring that your use of Communications Tools (including calling, texting, bulk messaging, call recording, and transcription) complies with all applicable laws and regulations, including TCPA, CAN-SPAM, and call monitoring/recording consent laws (including “two-party consent” requirements), and for providing required notices and obtaining required consents.
- AI Features; Human-in-the-Loop; No Professional Advice
The Services may include AI-enabled features (e.g., an “AI Assistant”) that can generate summaries, drafts, suggested actions, and other outputs. AI outputs may be incorrect or incomplete and do not constitute professional real estate, financial, or legal advice. You are responsible for reviewing and deciding whether to use AI outputs.
Human Approval Required. Where the Services offer features that can propose or prepare actions on behalf of a User (e.g., drafting a message, creating a CRM contact, generating a task), those actions require the User’s review and approval before they are taken, unless expressly stated otherwise in applicable Additional Terms.
- Listings Analytics (Reverse Prospecting; Buyer Demand; Aggregation/De-Identification)
The Services may provide analytics tools that display aggregated and/or de-identified insights regarding listing engagement (e.g., viewing, sharing, favoriting, commenting, tour/open house requests) and may identify which Agents interacted with a listing while providing aggregated/de-identified information regarding buyer/client activity, as described in-product and in the Privacy Policy.
- Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration.
- Warranty Disclaimer
No Fiduciary Duty. Unless we have signed a state-mandated written agreement with you that states otherwise, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
No Responsibility. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Services is or will continue to be accurate, safe, or legal. All Content and information is subject to errors, omissions, changes in price, prior sale or rental, or withdrawal without notice. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ANY THIRD-PARTY INFORMATION DISPLAYED THROUGH THE SERVICES (INCLUDING MLS/IDX/VOW DATA, LISTING INFORMATION, PRICING, AVAILABILITY, PROPERTY DETAILS, OR OTHER THIRD-PARTY CONTENT) IS ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. WE DO NOT GUARANTEE THAT THE SERVICES (INCLUDING COMMUNICATIONS FEATURES SUCH AS CALLING, TEXTING, EMAIL ROUTING, OR INBOX FEATURES) WILL BE AVAILABLE, TIMELY, SECURE, OR UNINTERRUPTED, OR THAT COMMUNICATIONS WILL BE DELIVERED OR RECEIVED WITHOUT DELAY, INTERRUPTION, OR ERROR. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description. All measurements and square footages are approximate and may not be relied upon by you. All information should be confirmed by you.
NO WARRANTIES; DISCLAIMERS. THE SERVICES AND CONTENT, INCLUDING THAT FROM AGENTS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES MAY RELY ON THIRD-PARTY PROVIDERS (INCLUDING COMMUNICATIONS, PAYMENT PROCESSING, AND TRANSACTION/FORM PROVIDERS). WE DISCLAIM RESPONSIBILITY FOR ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS, INCLUDING SERVICE OUTAGES, FAILURES, OR SECURITY INCIDENTS CAUSED BY OR ATTRIBUTABLE TO SUCH THIRD-PARTY PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We make no representations or warranties concerning any Content contained in or accessed through the Services, including that from agents, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services or for any actions you may take as a result of having been exposed to the Services. If any sample or other contracts are provided or otherwise obtained through the Services, we do not warrant that such terms will sufficiently cover the relationship you seek to develop by entering into such terms, nor do we represent, warrant, or guarantee that such terms are legal, binding, adequate, complete or in any way appropriate for your intended purposes. It is your responsibility to consult with independent legal counsel prior to entering into any contract or agreement with a third party.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LISTING, PROPERTY, CONTRACT, CONTENT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING THAT FROM AGENTS, THROUGH THE SERVICES OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF LISTING INFORMATION, PROPERTIES, CONTENT, OR SERVICES. You acknowledge and agree that we (i) do not decide what price is appropriate for the Listing; (ii) do not guarantee the condition of any properties or the performance, adequacy, or completeness of inspections, services, products, or repairs; (iii) do not have any obligation to conduct any inspections whatsoever, including, without limitation, of common areas, offsite areas, or other aspects of the properties; (iv) have no responsibility for identifying defects with the property or inspecting public records or permits regarding title or use of the properties; (v) are not responsible for verifying square footage, representations of others, or information contained in any property reports, Listings, or promotional materials; and (vi) are not responsible for providing legal or tax advice regarding any transactions. Listings and related information provided from third parties are provided solely as a convenience, and Compass has not reviewed or confirmed any information originating from sources other than Compass, including that from Agents.
- Indemnification
You shall defend, indemnify, and hold harmless us, our Affiliates, and each of our and their respective employees, contractors, directors, suppliers, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services, Listings, Content, or otherwise from your User Content; (ii) violation of these Terms of Service; (iii) breach of any contract, or other agreement you enter into; (iv) personal injury, property damage, or other claims or damages relating to property defects, conditions, legality, or suitability; (v) your interactions or transactions with any other user; (vi) infringement by you, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity; (vii) your violation of any applicable law, rule, or regulation related to the Services; or (viii) any payments due and payable by you to any third party vendor in connection with the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- Limitation of Liability
LIABILITY LIMITS. IN NO EVENT SHALL WE, NOR OUR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS, LICENSORS, AND REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, ACCOMMODATIONS, RIGHTS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE): (I) FOR CASUAL VISITORS, UNPAID REGISTERED USERS, AND CASUAL CONSUMERS: ONE HUNDRED DOLLARS ($100.00); (II) FOR PAYING CLIENTS AND PAID SUBSCRIBERS: THE GREATER OF (A) ONE THOUSAND DOLLARS ($1,000.00) OR (B) THE TOTAL FEES ACTUALLY PAID BY YOU TO COMPASS FOR THE SPECIFIC SERVICES GIVING RISE TO LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; AND (III) FOR WHOLLY OWNED BROKERAGE AGENTS: THE AMOUNTS AND LIMITATIONS EXPLICITLY SET FORTH IN YOUR INDEPENDENT CONTRACTOR AGREEMENT (ICA) WITH COMPASS, OR IF NO SUCH LIMITS ARE SPECIFIED, THE GREATER OF (A) FIVE THOUSAND DOLLARS ($5,000.00) OR (B) THE TOTAL FEES AND OFF-SPLIT COMMISSIONS PAID BY YOU TO COMPASS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATING TO: (I) ANY INACCURACY, ERROR, OR OMISSION IN THIRD-PARTY CONTENT OR DATA (INCLUDING MLS/IDX/VOW DATA OR LISTING INFORMATION); (II) ANY PLATFORM DOWNTIME, SERVICE INTERRUPTION, OR DELAY; (III) ANY MISSED, DELAYED, OR FAILED COMMUNICATIONS (INCLUDING CALLS, TEXTS, EMAILS, OR INBOX FEATURES), INCLUDING WHERE PROVIDED THROUGH THIRD-PARTY PROVIDERS; OR (IV) ANY SECURITY INCIDENT, UNAUTHORIZED ACCESS, OR DATA BREACH CAUSED BY OR ATTRIBUTABLE TO A THIRD-PARTY VENDOR OR SERVICE PROVIDER.
ACKNOWLEDGEMENT. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR (I) USER CONTENT, (II) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR (III) THE CONDITION, LEGALITY, OR SUITABILITY OF ANY PROPERTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.
Releases. You shall and hereby do release us from all liability for you having acquired or not acquired housing through the Services. You hereby release us and our directors, officers, employees, agents, subsidiaries, Affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to content accessed through the Services, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law, which provides in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor,” and all similar code provisions in any jurisdiction.
- Informal Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at Compass Headquarters, 110 Fifth Ave., Fl. 4, New York, NY 10011 of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
- ARBITRATION CLAUSE AND CLASS ACTION WAIVER; WAIVER OF JURY TRIAL
You and Compass (which, for purposes of this Section 20, includes Compass’s wholly owned subsidiaries, wholly owned brokerage agents, and each of Compass’s respective officers, directors, employees, agents, representatives, and independent contractors) and its Affiliates agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes relating to the Services between you and Compass or you and a third-party agent of Compass (a "Claim") through final and binding arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction will exclusively determine whether the parties have entered into a valid and enforceable agreement to arbitrate their Claims and the arbitrability of any Claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied.
To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Compass Headquarters, 110 Fifth Ave., Fl. 4., New York, NY 10011. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.
Any party to the arbitration, at any time more than ten (10) days before the arbitration hearing, may serve an offer of compromise in writing upon any other party to the action. If such offer of compromise is rejected and the rejecting party fails to obtain a more favorable award in the arbitration, the rejecting party shall not recover their post-offer costs and shall pay the offering party’s post-offer costs, fees, and expenses incurred from the time of the offer (including, without limitation, reasonable expert witness fees, administrative fees of the arbitration provider, and any arbitrator compensation), to the maximum extent permitted by applicable law. Offers of compromise pursuant to these Terms shall be adjudicated and contractually enforced in accordance with this paragraph, and, to the extent applicable, New York CPLR 3221, California Code of Civil Procedure Section 998, or any equivalent offer-of-judgment statute in the jurisdiction in which the arbitration is seated.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Compass will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Compass from seeking action by federal, state, or local government agencies. You and Compass also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Compass retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.
Neither you nor Compass may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Compass’ individual Claims.
If for any reason a claim proceeds in court rather than in arbitration you and Compass each waive any right to a jury trial. No waiver of any provision of this Section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Services. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Arbitration Agreement & Waiver of Certain Rights Section of the Terms of Service will survive the termination of your relationship with Compass.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPASS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Mass Arbitration Process Requirements
If twenty-five (25) or more similar claims are asserted against Compass (which, for purposes of this Section 20, includes Compass’s wholly owned subsidiaries, wholly owned brokerage agents, and each of Compass’s respective officers, directors, employees, agents, representatives, and independent contractors) and its Affiliates at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of any provisions in the arbitration agreement above to the contrary, if your lawyer or their business partner (each a “Third Party Funder”) is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the Third Party Funder(s), on the one hand, and us, on the other hand; provided, however, that any such fee-shifting or cost-splitting determination shall be subject to the applicable rules of the arbitration provider (including the AAA Consumer Arbitration Rules) and shall only be applied to the extent that it does not render this arbitration agreement, or any portion thereof, unconscionable or otherwise unenforceable under applicable law. If a court of competent jurisdiction or the Process Arbitrator determines that this cost-splitting provision is invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the allocation of arbitration fees and costs shall default to the standard fee schedules provided under the arbitration provider’s rules, with the remainder of this provision and these Terms remaining in full force and effect. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the Third Party Funder(s) and us in amounts they see fit to ensure a fair division among the parties. Additionally, when permitted under applicable rules, you may be responsible for our arbitration fees and costs. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Compass. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Compass will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Compass (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Compass will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding "Mass Arbitration Process Requirements" starting from the date that you deliver your individual written notice of dispute to Compass (pursuant to Section 19) or submit your individual demand for arbitration, whichever is earlier. Such tolling shall continue uninterrupted until the time your individual Claim is selected to proceed in an active batching proceeding, is voluntarily withdrawn, or is otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding "Mass Arbitration Process Requirements" and, if necessary, to enjoin the filing or prosecution of arbitration demands against Compass. Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
- Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, in the United States of America, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of New York County, New York for the purposes of these Terms of Service. Notwithstanding the foregoing or anything to the contrary in these Terms, if you are a California-based user or a California-based real estate agent affiliated with Compass, to the extent required by applicable law (including, without limitation, California Labor Code Section 925): (i) these Terms of Service and any dispute arising hereunder shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of laws principles; and (ii) any formal legal action, court proceeding, or arbitration arising out of or relating to these Terms or your relationship with Compass shall be brought and resolved exclusively within the state or federal courts located in, or the arbitral forum situated in, the California county in which you reside or perform services.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- User Disputes
We reserve the right, without any obligation, to intervene in or monitor disputes between our users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably request, in connection with any disputes involving you. Although we may moderate content or disputes in our discretion, we have no authority to legally bind third parties or force them to resolve complaints or disputes. Any efforts or statements made by us to intervene in or moderate disputes is superseded by this provision, which may not be modified, waived, or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver, or release is granted.
- Export Control
By using the Services, you represent and warrant that (i) neither you nor any Listing proposed by you, if any, is located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List; or (c) into any country or to any person or entity on any similar lists maintained in any applicable jurisdiction.
- Feedback
Your feedback, comments and suggestions for improvements to the Services and our business generally (“Feedback”) are welcome. You may submit Feedback by emailing feedback@compass.com. You acknowledge and agree that all Feedback is and shall be our sole and exclusive property, and you shall and hereby do assign to us all right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, notwithstanding anything else. You will execute documents and take such further acts as we may reasonably request to effectuate the foregoing ownership and rights.
- Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service (including, without limitation, Compass’s Privacy Policies, for the avoidance of doubt), or change, suspend, limit, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time. If such modification is material, we will post a notice on the Site or send you notice by another appropriate means of electronic communication as required by law. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following posting or notification of any changes to these Terms of Service constitutes acceptance of those changes.
- Mobile Application Terms
If we make the Services available as an application for mobile devices (“Application”), then subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. We reserve all rights in the Application not expressly granted to you by these Terms of Service.
Apple Applications. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Services Store Terms and Conditions.
The following terms apply to any App Store Sourced Application:
- Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and we acknowledge and agree that in your use of the Application you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
Android Applications. Furthermore, with respect to any Application accessed through or downloaded from the Google Play Store (“Android Sourced Application”), you will only use the Android Sourced Application (i) on a product that runs Android (Google’s proprietary operating system software); and (ii) as permitted by the requirements set forth in the Google Play Terms of Service.
The following terms apply to any Android Sourced Application:
- Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Google, and that Google is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
- You will only use the Application in connection with an device that you own or control;
- You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Google of such failure, and upon notification, you must address your remedy with Google directly;
- You acknowledge and agree that we, and not Google, are responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Google, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and we acknowledge and agree that in your use of the Application you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and we acknowledge and agree that Google and Google’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
If the Services are made available to you through any other third party application that that is not subject to the terms addressed this Section 25, you must comply with the applicable terms and usage rules required by that application’s owner.
- Miscellaneous
Entire Agreement. These Terms of Service, together with any state-mandated disclosure forms provided by us to you separately, are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
Severability. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, or third party acts or omission.
Assignment. These Terms of Service are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to notices@compass.com.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Third Party Rights. These Terms of Service are for the benefit of us and our Affiliates, vendors, and suppliers, and our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these entities and individuals shall have the right to assert and enforce these Terms of Service directly against you on its or their behalf.
Contact. If you have any questions, complaints, or claims with respect to the Services, you may contact us at Compass, Inc. d/b/a Compass, 110 Fifth Avenue, 4th Floor, New York, NY 10011; info@compass.com; 646-982-0353.
- Notices and Restrictions
Copyrights. The Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.