Terms & Conditions | Flyhomes
flyhomes®

Terms of Use

LAST REVISED: January 13th, 2025

1. Introduction

Welcome! These Terms of Use (these “Terms”) apply to flyhomes.com and www.flyhomesmortgage.com, including all products, services, features, content, and mobile applications where these Terms appear or are linked (collectively, the “Services”), which are owned and operated by Flyhomes, Inc. and/or its affiliates and subsidiaries, including, but not limited to, Flyhomes Brokerage, LLC, Flyhomes Brokerage NV, LLC, Flyhomes Brokerage CA, Inc., Flyhomes Mortgage, LLC, and Muir Residential Investments, LLC (collectively, “Flyhomes,” “we,” “us,” or “our”). “You” or “your” mean you individually or the entity on behalf of which you are accessing or using the Services. When you access and/or use the Services, you agree to be bound to these Terms and represent that you (a) are of the age of majority in your jurisdiction and (b) have the authority to bind yourself and/or the company you represent to these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THE SERVICES. THESE TERMS ALSO AFFECT YOUR LEGAL RIGHTS. AS DESCRIBED IN SECTION 11 BELOW, THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION AND COLLECTIVE ACTION CLAIMS. YOU AGREE TO SUBMIT ANY DISPUTES BETWEEN YOU AND FLYHOMES EXCLUSIVELY TO INDIVIDUAL ARBITRATION. If you do not agree to these Terms, PLEASE DO NOT ACCESS OR USE THE SERVICES. THESE TERMS MAY BE UPDATED FROM TIME TO TIME.

2. Access and Use

  1. a. About. The Services are designed to: (i) help homeowners sell their home; (ii) help home buyers buy a home; (iii) connect buyers and sellers with agents in select locations; (iv) help registered users of the Services make competitive home purchase offers; and (v) provide real estate listings and informational resources for home selling and home buying. You agree that the Services are subject to our Privacy Notice, which are expressly incorporated herein. Please read our Privacy Notice for details regarding how we use and collect your personal information.
  2. b. MLS Data; Use. You acknowledge that the individual multiple listing service (”MLS”), which supplies the listing data displayed as part of the Services, owns the rights to such data, and you acknowledge the validity of the MLS’s copyright of such data, as well as the ownership and validity of each individual broker’s copyright in the specific listing content. Any information you obtain from the Services is intended for your personal, non-commercial use. You agree not to copy, redistribute, or retransmit any data or information provided through the Services except in connection with your consideration of the purchase and/or sale of real property. Flyhomes cannot guarantee the reliability, accuracy, or currentness of any information obtained from an MLS.
  3. c. Account. In order to access and use certain features of the Services, you may need to register and create an account (“Account”). By creating an Account, you agree to provide accurate, current, and complete information about yourself and update it as necessary (“Account Data”). If we have reason to believe that your Account Data is inaccurate, outdated, or incomplete, we may suspend or terminate your Account at any time. You agree to not: (i) create an Account using a false identity or information that is not your own; (ii) have more than one Account; or (iii) create an Account or use the Services if you have been previously removed from the Services. You are responsible for maintaining the confidentiality of your user ID, password, and Account Data and will be fully responsible for any and all activities that occur through your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of Account security. We reserve the right, in our sole discretion, to accept or reject your registration to create an Account and/or to access or use the Services.
    YOU AGREE THAT FLYHOMES MAY REPORT ANY SUSPECTED FRAUDULENT, ABUSIVE, OR ILLEGAL ACTIVITY ON YOUR ACCOUNT OR THE SERVICES TO LAW ENFORCEMENT AUTHORITIES. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF OUR COMMUNICATIONS WITH LAW ENFORCEMENT AUTHORITIES IN REFERENCE TO YOUR ACCOUNT OR USE OR ACCESS OF THE SERVICES.
  5. d. Third-Party Websites. The Services may include links to the websites and services of third parties (“Third-Party Websites”). Flyhomes does not have control over the content and performance of Third-Party Websites. Accordingly, Flyhomes does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. FLYHOMES DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR ACCESS OR USE OF THIRD-PARTY WEBSITES.
  6. e. Additional Terms. Please note that certain parts or features of the Services may be subject to additional terms and conditions (collectively, “Additional Terms”). You agree to comply with such Additional Terms that apply to your use of the applicable parts or features of the Services. In case of any conflict between these Terms and Additional Terms, the Additional Terms will control.
  7. f. Generative AI Services. You agree that (i) our Generative AI Services, including our “Flyhomes AI” Chatbot functionality (collectively “GAIS”), use experimental, unsupervised technology and may sometimes provide inaccurate or offensive content that does not represent Flyhomes’ views; (ii) information provided to our GAIS may be used to continuously train the GAIS; (iii) submission of confidential, sensitive, or proprietary information could be compromised if submitted to the GAIS and should not be submitted unless such use is expressly permitted; (iv) our GAIS may at times reproduce copyrighted material used as training data in response to an inquiry, and care should be taken in copying and further distributing content created by any GAIS, such as ensuring that no copyright information appears on outputted work and ensuring no other obvious signs show that the outputted work belongs to a third party; (v) if you use the GAIS, you assume all responsibilities and obligations with respect to the results, any decisions or advice made or given, and any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results, and you should therefore use discretion before relying on, publishing, or otherwise using content provided by the GAIS; (vi) you will not rely on the GAIS for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional; and (vii) you will contact us at hello@flyhomes.com with the subject line “GAIS Help” if you have questions regarding the GAIS or if you require further information.

3. Rights Granted, Feedback, and Intellectual Property Rights

  1. a. Use Right. Flyhomes hereby grants you a limited, revocable, non-transferable, non-exclusive, non-assignable right to access and use the Services as set forth in these Terms. Flyhomes reserves all rights not expressly set forth herein.
  2. b. User Content License. “User Content” means the content, materials, e-signatures, photos, in-App communications, and other content that you create in connection with accessing or using the Services, including the content that you provide to our GAIS (as discussed in Section 2(g) above). Flyhomes does not pre-screen User Content, but we shall have the right in our sole discretion to reject or remove any User Content that is submitted through the Services. You hereby grant Flyhomes a non-exclusive, fully paid, royalty-free, worldwide, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, create derivative works of, and otherwise use User Content collected and/or submitted through the Services. You acknowledge and agree that Flyhomes may preserve or delete User Content at any time and for any purpose. You also acknowledge and agree that you are not guaranteed access to User Content at any time. Furthermore, Flyhomes may disclose User Content if: (i) Flyhomes determines that disclosure is necessary to enforce these Terms, respond to claims that any User Content violates the rights of third parties, or protect the rights, property, or personal safety of Flyhomes, its users, and the public; or (ii) Flyhomes’ legal counsel determines that appropriate legal process requires disclosure. Without limiting the generality of the foregoing, you authorize Flyhomes to include User Content in a searchable format that may be accessed by users of the Services and Third-Party Websites, provided, however, that Flyhomes shall have no liability for User Content that can be public and visible on the Services, Third-Party Websites, or search engines, including after deletion of such User Content by you or Flyhomes.
  3. c. Feedback. If you voluntarily provide Flyhomes with any recommendations and/or suggestions regarding the Services (“Feedback”), you hereby assign Flyhomes all Intellectual Property Rights in and to any such Feedback. Flyhomes has no obligation under any circumstances to compensate you for any Feedback. You understand and agree that you are not entitled to compensation for any Feedback.
  4. Intellectual Property Rights. “Intellectual Property Rights” means any and all rights, titles, and interests arising or existing at any time relevant hereto, anywhere in the world, including, but not limited to, all patents, patent registrations, copyrights, trademarks, trade names, service marks, service names, trade secrets, or other proprietary rights arising out of or enforceable under any United States federal or state law, rule, or regulation; non-United States law, rule, or regulation; or international treaty in any technology, system, invention, discovery, know-how process, method, information, medium, or content, including, but not limited to, texts, prints, pictures, photographs, videos, marks, logos, designs, drawings, artistic and graphical works, music, speeches, computer software and documentation, and any other works of authorship in any form, method, or manner of expression or communication now known or hereinafter becoming known. Flyhomes and its licensors retain Intellectual Property Rights to all logos, trademarks, button icons, images, texts, graphics, trainings, information, and other materials used in connection with the Services (collectively, “Flyhomes Content”). YOU AGREE THAT ANY AND ALL USE OF FLYHOMES CONTENT SUCH AS, BUT NOT LIMITED TO, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING IS STRICTLY PROHIBITED.

4. Restrictions

You agree to not:
  1. a. use the Services to “stalk,” harass, abuse, defame, threaten, defraud others, or violate the privacy or other rights of any third party;
  2. b. use the Services for the sale or advertisement of other products or services;
  3. c. use the Services for the commission or encouragement of any illegal purpose or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, Intellectual Property Rights, data protection and privacy, and import or export control;
  4. d. remove, circumvent, disable, damage, or otherwise interfere with security-related parts or features of the Services;
  5. e. intentionally interfere with or damage the operation of the Services or any other user’s enjoyment of the same by any means, including uploading or otherwise disseminating User Content that contains viruses, worms, or other malicious code;
  6. f. post, store, send, transmit, or disseminate any User Content that a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, or otherwise offensive or unlawful;
  7. g. post, store, send, transmit, or disseminate any User Content or other material that infringes the Intellectual Property Rights of any third party; and/or
  8. h. probe, scan, or test the vulnerability of the Services or any system or network, or use any robot, spider, scraper, or other automated means to access or use the Services.

5. Telecommunication Services and GPS Location

  1. a. Telecommunication Services. The Services require an Internet/wireless connection to operate. You are solely responsible for obtaining the necessary Internet, data, or wireless subscription plans to use the Services. You acknowledge that Flyhomes is not responsible for the availability of the Internet or wireless connections, nor the security or integrity of data transmitted over such connections. Your telecommunications provider is solely responsible for network connectivity.
  2. b. GPS Location. Our App uses GPS location services (which your device will prompt you to consent to) to provide and improve such location-based services. You may withdraw your consent at any time by disabling the location-based features in your device. You acknowledge that, by disabling the location-based features, certain Service features will not operate as intended. Additional information about our use of GPS location services is available in our Privacy Notice.

6. Term and Termination

These Terms commence on the day that you accept them and will continue in effect until we terminate these Terms or your Account. If you have created an Account with us, you request to close and delete your Account by contacting us at hello@flyhomes.com with the subject line “CLOSE AND DELETE ACCOUNT.” Flyhomes reserves the right to terminate your access or use of the Services at any time: (a) in its sole discretion; (b) if you breach any provision of these Terms; or (c) if you violate any applicable law(s). Any such termination will automatically terminate all rights and licenses granted to you under these Terms, including all rights to access or use the Services. In the event of any termination, all provisions of these Terms whose meaning requires them to survive will accordingly survive (including indemnity and limitation of liability, for example).

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FLYHOMES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICES (INCLUDING FLYHOMES CONTENT AND USER CONTENT). FLYHOMES DOES NOT WARRANT THAT THE SERVICES WILL BE RELIABLE, COMPLETE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ERRORS OR DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED. FLYHOMES DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY FLYHOMES CONTENT, USER CONTENT, AND/OR ANY PERSONALIZATION SETTINGS RELATED TO THE SERVICES. YOU ASSUME THE ENTIRE RISK OF LOSS AND/OR DAMAGE OF USER CONTENT DUE TO YOUR ACCESS OR USE OF THE SERVICES.

8. Limitation of Liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYHOMES AND ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE TO YOU IN ANY AMOUNT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, REPUTATIONAL HARM, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLYHOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
FURTHERMORE, IN NO EVENT SHALL FLYHOMES’ OR ITS LICENSORS’ OR SUPPLIERS’ TOTAL CUMULATIVE LIABILITY EXCEED TWO HUNDRED DOLLARS ($200). THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THESE LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FLYHOMES AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

9. Indemnification

You will defend, indemnify, and hold harmless Flyhomes and its affiliates, employees, agents, officers, and directors (including all attorneys’ fees and costs) from and against any and all third-party claims related to or arising out of any allegation, claim, lawsuit, or proceeding (a “Claim”) to the extent such Claim is based on your access or use of the Services, including, but not limited to, Claims arising out of the following: (a) your violation of these Terms; (b) your violation of any third-party right, including, but not limited to, any Intellectual Property Rights; (c) any unlawful, improper, or negligent use by anyone of the Services; (d) any dispute between you and a third party in connection with the Services; (e) your negligence, willful misconduct, or fraud, including, but not limited to, any misrepresentation made by you; and (f) your User Content. You will use counsel reasonably satisfactory to us to defend each Claim. You shall promptly notify us and cooperate fully in the defense of any Claim. Flyhomes reserves the right to assume the exclusive defense and control of any Claim that might adversely affect us. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our express prior written consent.

10. Copyright Infringement

We take claims of copyright infringement seriously. If you believe that anything on the Services infringes your copyright protected material, please provide us with written notice of such infringement. We will respond to notices of alleged copyright infringement that comply with applicable law.
  1. a. DMCA Notice Requirements. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must substantially include the following:
    1. (i) Your physical or electronic signature.
    2. (ii) Identification and description of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
    3. (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    4. (iv) Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
    5. (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    6. (vi) A statement that the information in the written notice is accurate.
    7. (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  3. If you fail to provide all the above-listed information, your DMCA Notice may not be effective.
  4. b. Effect of DMCA Notice. We reserve the right to remove and/or restrict access to any content alleged to be infringing at our sole discretion, without prior notice, and without liability to you. We will also terminate a user’s Account if the user is determined to be a repeat infringer. You understand and agree that if you knowingly materially misrepresent that material or activity on the Services that is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
  5. c. DMCA Counter-Notification Requirements. If you believe that the material you posted on the Services was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (“DMCA Counter-Notice”). Pursuant to the DMCA, the Counter-Notice must substantially include the following:
    1. (i) Your physical or electronic signature.
    2. (ii) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
    3. (iii) Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
    4. (iv) A statement by you, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
    5. (v) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the applicable person (or an agent of that person) with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) to fourteen (14) days of receiving a copy of your DMCA Counter-Notice. You understand and agree that if you knowingly materially misrepresented that material or activity on the Services was removed, disabled by mistake, or misidentified, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
d. Notice Address. Send DMCA Notice and DMCA Counter-Notices to our designated agent for notice of alleged copyright infringement at:
By mail:
Flyhomes, Inc.
160 NW Gilman Blvd, Ste 441
Issaquah, WA 98027
United States
Attention: DMCA Designated Agent
By email:
copyright@flyhomes.com

11. DISPUTE RESOLUTION–MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER

Important: This Section 11 limits certain legal rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class, collective, or representative claim or action, and the right to certain remedies and forms of relief. Other rights that we or you would have in court, such as an appellate review, may not be available in the arbitration processes described within this Section. Please review carefully.
In the unlikely event that a disagreement arises between you and Flyhomes regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with your use of the Services (a “Dispute”), prior to initiating any legal action, you must first contact us directly by email at legalnotices@flyhomes.com so that we can attempt to determine a mutually agreeable solution. You must describe the nature of the Dispute, the basis for your claims, and the resolution you are seeking.
You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, or affiliate of Flyhomes or third party, if Flyhomes could be liable, directly or indirectly, for such Dispute.
During the sixty (60) days from the date you first contacted us, you and Flyhomes agree to engage in good faith efforts to resolve the Dispute. During this sixty (60) day time period, you and Flyhomes agree to toll any statutes of limitations that may apply, along with any filing deadlines.
If the Dispute is not resolved within the sixty (60) day period (and the parties do not agree to extend the period), you and Flyhomes agree that the Dispute will be resolved entirely through binding INDIVIDUAL ARBITRATION or as you and Flyhomes otherwise agree in writing. If the parties have more than one Dispute between them, you and Flyhomes agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived.
a. CLASS AND COLLECTIVE ACTION WAIVER: You and Flyhomes explicitly agree, to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS, REPRESENTATIVE, OR CONSOLIDATED BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, absent the express written consent of Flyhomes. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in the Terms, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If this Class and Collective Action Waiver is held to be unconscionable or unenforceable for any reason, then the Dispute must be brought exclusively in a state or federal court in Washington. Accordingly, you and Flyhomes consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any action that proceeds in state or federal court shall be tried by a judge and not a jury.
b. Disputes shall be resolved solely by a single, neutral arbitrator of the American Arbitration Association (“AAA”) using the prevailing rules of the AAA, including the AAA’s Consumer Arbitration Rules, as modified by this arbitration agreement. Alternatively, the arbitration may be conducted by any other arbitration administration service that you and an officer or legal representative of Flyhomes consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) or the provincial or territorial judicial district, as applicable, where you are a resident at the time the Dispute is submitted to arbitration.
c. You and Flyhomes will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules. If applicable arbitration rules or laws require Flyhomes to pay a greater portion or all of such fees and costs in order for these Terms to be enforceable, then Flyhomes will have the right to elect to pay the fees and costs and proceed to arbitration.
d. You are responsible for paying your portion of the fees set forth in the AAA fee schedule. Except as modified by the Additional Procedures for Multiple Case Filings, Flyhomes will pay all remaining fees. If your claim against Flyhomes is for less than $1,000 and you succeed on the merits, we will pay all fees. If you believe you cannot afford the AAA fee, you may apply to AAA for a fee waiver.
e. The arbitrator will: (i) apply applicable law and the provisions of these Terms; (ii) determine any Dispute according to applicable law and facts in the record and no other basis; and (iii) issue a reasoned award. In any arbitration arising out of or related to these Terms, the arbitrator(s) may not award any incidental, indirect, or consequential damages, including damages for lost profits.
f. Additional Procedures for Multiple Case Filings. You and Flyhomes agree that these Additional Procedures for Multiple Case Filings (in addition to the other terms of this arbitration agreement) shall apply if you participate in a Multiple Case Filing. If twenty-five (25) or more similar Disputes (including yours) are instituted against Flyhomes by the same or coordinated counsel or otherwise are coordinated by the AAA, Flyhomes, in its sole discretion, may elect to opt the Disputes out of arbitration and require the Disputes to proceed in a court of competent jurisdiction consistent with the remainder of these Terms, including the class and collective action waiver. Notwithstanding this option available to Flyhomes, counsel for the parties may mutually agree to proceed in arbitration using agreed upon bellwether, batching, or similar procedures to reduce the costs and gain efficiencies associated with litigating multiple cases. If such bellwether, batching, or similar procedures are used, the remaining similar Disputes instituted by the same or coordinated counsel shall not be deemed filed for purposes of assessing arbitration fees until the first batch or set of bellwether cases are arbitrated and the remaining Dispute(s) are selected for arbitration. If these Additional Procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether, batched, or similar procedure, until your claim selected for a bellwether, batched, or similar procedure is withdrawn or otherwise resolved.
g. WITH ARBITRATION: (i) THERE IS NO JUDGE OR JURY; (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOMES ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
h. In the event that AAA is unavailable or unwilling to hear the Dispute, you and Flyhomes shall agree to, or a court shall select, another arbitration provider.
i. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU SEEK TO ASSERT A DISPUTE AGAINST FLYHOMES, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES–OR IT WILL BE FOREVER BARRED.

12. General

a. Entire Agreement. These Terms constitute the entire agreement between you and Flyhomes related to the Services. Flyhomes’ failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
b. Governing Law and Venue. To the extent permitted by applicable law, any Dispute shall be governed by the internal laws of the State of Washington without regard to Washington choice of law principles, and you consent and submit to the exclusive jurisdiction of the state and federal courts in and for King County, Washington, for all Disputes, except that the provisions of these Terms concerning arbitration shall be governed by the United States Federal Arbitration Act.
c. Severability. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions, which will continue in effect.
d. Communications. You consent to receive email, phone, and text communications for informational and transactional purposes.
e. No Assignment. You may not assign these Terms nor any rights or obligations hereinunder, in whole or in part, whether voluntary, by operation of contract, law, or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void.
e. Updates. The Services are routinely changed and improved. We reserve the right at all times to discontinue or modify any part of these Terms in our sole discretion. Unless stated otherwise, the most current Terms apply to your use of the Services. You agree that any requirement to notify you of any changes to these Terms is satisfied by us posting the changes on the first page of these Terms. In certain cases, we may also provide notice of any changes to these Terms, or provide a summary of changes to these Terms, via email to your email address in your Account. Any changes to these Terms will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT OF ANY NEW TERMS THAT HAVE BEEN POSTED, AND YOUR USE OF THE SERVICES AFTER SUCH NEW TERMS HAVE BEEN POSTED CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS ON THE SERVICES. If you do not agree to these Terms at any time, you should immediately discontinue access and use of the Services. We suggest that you revisit these Terms regularly to ensure that you stay informed of any changes.
f. California Users and Residents Pursuant to California Civil Code Section 1789.3, you may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95814, by telephone at (800) 952-5210, or by email at dca@dca.ca.gov.
g. Contacting Us Please contact us with any questions regarding these Terms or the Services via the following:
By mail:
Flyhomes, Inc.
160 NW Gilman Blvd, Ste 441
Issaquah WA 98027
United States

By email:
hello@flyhomes.com