Terms of Service — USHUD Cooperative

Effective Date: July 1, 2026

These Terms of Service govern membership in the USHUD Cooperative professional platform and include required disclosures under A2P 10DLC SMS regulations, the FCC’s one-to-one consent rule (effective January 27, 2025), and the TCPA.

Please read these Terms of Service (“Terms”) carefully before enrolling in or using the USHUD Cooperative platform. By completing enrollment, clicking “I Agree,” or using any part of the Service, you agree to be bound by these Terms. If you do not agree, do not enroll or use the Service.

These Terms constitute a legally binding agreement between you (“Member,” “you,” or “your”) and Heavy Hammer New Media Solutions, Inc., operator of the USHUD Cooperative (“Cooperative,” “we,” “us,” or “our”), located at 65 Old Solomons Island Road, Suite 202, Annapolis, MD 21401.

    1. The USHUD Cooperative Platform

      The USHUD Cooperative is a professional membership platform that connects licensed real estate agents, brokers, and teams with home buyers and sellers actively searching for properties across the USHUD network of sites, including USHUD.com, AllHud.com, HUDExchange.com, and USAHUD.com (collectively, the “Network”).

      As a Member, you receive access to consumer leads and inquiries generated through the Network, distributed to you based on your selected coverage areas and membership tier. The Cooperative provides you with the technology, profile distribution, and lead delivery infrastructure; the responsibility for contacting, engaging, and converting those leads into clients rests entirely with you.

      The USHUD Cooperative does not guarantee closed transactions, client relationships, or revenue. Consumer leads represent individuals who have expressed interest in real estate services. Converting a lead into a client requires professional skill, timely follow-up, and persistent outreach. By enrolling, you acknowledge and accept this.

    1. Eligibility and Member Representations

      To enroll as a Member of the USHUD Cooperative, you must:

      • Be at least 18 years of age;
      • Be a licensed real estate professional (agent, broker, or team member) in good standing in the jurisdiction(s) in which you practice, or otherwise be legally authorized to provide real estate services in those jurisdictions;
      • Have the authorization of your supervising broker or company, where required by applicable law or brokerage policy; and
      • Not be barred from providing real estate services under any applicable federal, state, or local law.

      By enrolling, you represent and warrant that all of the above conditions are met and will remain met throughout your membership. You agree to notify us immediately if your license status changes, is suspended, or is revoked. Failure to maintain active licensure, where required, is grounds for immediate account suspension without refund.

      You further represent that your profile, credentials, and all information submitted to the Cooperative are accurate, complete, and not misleading. You agree to update your profile promptly if any information changes.

    1. Membership Tiers and Services

      The Cooperative offers membership at several tiers, each providing a defined level of service, lead volume, and access to platform features. Current membership tiers and their included features are described on the Site and may be updated from time to time. Your specific tier, coverage areas, and included features are established at enrollment and confirmed in your membership agreement.

      Membership services may include, depending on your tier:

      • Distribution of your professional profile to consumer leads on the USHUD Network matching your selected service areas
      • Real-time or batched delivery of consumer lead contact information
      • A professionally built agent or team website with IDX integration
      • IDX data feed provisioning and ongoing maintenance
      • Website hosting and technical support
      • Access to a CRM or lead management tools
      • Advertising placements within the USHUD Network
      • Dedicated account support from a Membership Success Director

      Features included in your tier are subject to change upon 30 days’ notice, except where changes are required by legal, regulatory, or technical circumstances as described in Section 10.

    1. Member Account and Profile

      Account Security

      You are responsible for maintaining the confidentiality of your account credentials. You agree not to share your login information with any third party. You are solely responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you become aware of any unauthorized access to your account.

      Profile Accuracy

      Your professional profile — including your name, photo, brokerage, contact information, areas of service, and any credentials or designations listed — must be accurate and kept current. Misrepresentation of your credentials, licensure status, areas of practice, or affiliation is a material breach of these Terms and grounds for immediate termination without refund.

      Profile Distribution

      As a core function of your membership, your profile will be distributed to consumers on the USHUD Network who match your selected service areas. By enrolling, you grant the Cooperative a non-exclusive, royalty-free license to display, reproduce, and distribute your profile content — including your photo, bio, and contact details — across the Network and any affiliated marketing materials for the purpose of connecting you with prospective clients. This license remains in effect for the duration of your membership and terminates upon account cancellation, subject to reasonable cache and propagation delays.

      Lead Exclusivity

      Consumer leads distributed through the Network may be shared with more than one Member depending on your membership tier and coverage area. The Cooperative does not guarantee exclusive access to any consumer lead unless expressly provided in your membership tier description.

    1. Billing, Fees, and Payment

      Recurring Billing

      Membership fees are charged on a recurring monthly basis beginning on the date of enrollment. By enrolling, you authorize the Cooperative to charge your designated payment method on each monthly anniversary of your enrollment date for the applicable membership fee, plus any applicable processing fees.

      Pricing Changes

      The Cooperative reserves the right to adjust membership fees, package rates, or any other charges associated with your membership at any time. We will provide notice of material fee increases by email to the address on file. Continued use of the Service following a fee change constitutes acceptance of the new pricing. You are responsible for reviewing your billing statements for any changes to your charges.

      Payment Responsibility

      You are responsible for maintaining a valid payment method on file at all times. If a charge is declined, the Cooperative will reattempt the charge and may suspend your account until payment is resolved. You agree to update your payment information promptly if your card or account details change. To update payment information, contact us at [email protected] or call 800-880-8584.

      No Refunds

      All membership fees are non-refundable. This includes fees paid for the current billing period in which you cancel, fees paid in advance, and fees associated with any add-on services or upgrades. The Cooperative does not provide pro-rata refunds except as required by applicable law or as expressly stated in your enrollment agreement.

      Chargebacks

      You agree not to initiate a chargeback or payment dispute with your bank or credit card issuer without first contacting the Cooperative and providing us with a reasonable opportunity to resolve the issue. In the event of an unjustified chargeback, you agree to reimburse the Cooperative for all associated fees and costs, including:

      • $50 for the first chargeback attempt, plus the disputed amount;
      • $100 for any subsequent chargeback attempt on the same charge, plus the disputed amount.

      The Cooperative reserves the right to contest any chargeback and to suspend or terminate your account upon initiation of a dispute.

    1. Term, Cancellation, and Termination

      Membership Term

      Your membership begins on your enrollment date and continues on a month-to-month basis unless you have enrolled in a fixed-term agreement (such as a 3-month or 6-month commitment). Fixed-term agreements are described in your enrollment confirmation and constitute a binding commitment for the full term.

      Cancellation by Member

      To cancel your membership, you must provide written notice (email is acceptable) to [email protected] no less than 48 hours prior to your next monthly billing date. Cancellation requests received within 48 hours of a billing date will take effect at the following billing cycle, and the upcoming charge will not be reversed.

      Members on fixed-term agreements who cancel prior to the end of their term agree to pay an early termination fee equal to 50% of the remaining monthly fees owed through the end of the agreed term, due and payable on the date cancellation is processed.

      Effects of Cancellation

      Upon cancellation, your account will be deactivated within 24 hours of the effective cancellation date. You will lose access to:

      • Your member dashboard and lead history
      • Any consumer leads claimed or pending in your account
      • Your Cooperative-hosted website, IDX feed, and associated content (where applicable)
      • Any CRM data stored within the Cooperative’s platform

      Your professional profile will be removed from distribution across the USHUD Network. You are responsible for exporting or backing up any data you wish to retain prior to cancellation. The Cooperative is not responsible for loss of data following account deactivation.

      Termination by the Cooperative

      The Cooperative reserves the right to suspend or terminate your account at any time for cause, including but not limited to:

      • Violation of these Terms or any applicable law;
      • Misrepresentation of credentials, licensure, or professional affiliation;
      • Abuse of the lead flagging feature (see Section 7);
      • Conduct that harms the reputation of the Cooperative, the Network, or other members;
      • Failure to pay membership fees;
      • Initiation of a fraudulent chargeback; or
      • Any activity that threatens the integrity or security of the platform.

      Termination for cause is effective immediately and without refund. Where the breach is non-material and capable of being cured, we will provide 30 days’ notice and an opportunity to cure before terminating.

    1. Lead Quality and Flagging

      The Cooperative maintains quality controls to ensure that consumer leads distributed through the Network contain accurate contact information. As a Member, you serve as an additional quality filter and may flag leads whose contact information is demonstrably incorrect (wrong name, non-working phone number, or invalid email address).

      The flagging feature is provided in good faith for your benefit and the benefit of the broader membership. Abuse of the flagging feature — including flagging leads for reasons other than incorrect contact information, or flagging at a rate that suggests bad-faith use — is a violation of these Terms.

      Excessive flagging is defined as flagging more than 10% of all leads accessed within any rolling 30-day period. Accounts exceeding this threshold are subject to review and may be suspended or terminated without refund. The Cooperative will make reasonable efforts to contact you before taking action, but reserves the right to act immediately where abuse is evident.

    1. SMS / Text Messaging — A2P 10DLC Program

      The USHUD Cooperative complies with Application-to-Person (A2P) 10DLC messaging registration requirements imposed by U.S. mobile carriers and The Campaign Registry (TCR). The following terms govern all SMS and MMS communications sent by the Cooperative to Members and prospective Members.

      Program Name: USHUD Cooperative Member SMS Program

      Recipients: Licensed real estate agents, brokers, and teams enrolled in or inquiring about USHUD Cooperative membership.

      Message Types: New consumer lead and inquiry alerts, membership account notifications, billing and renewal reminders, platform feature announcements, and marketing communications about Cooperative membership services and upgrades.

      Consent: By providing your mobile phone number during enrollment or account setup and affirmatively opting in, you consent to receive SMS and MMS messages from the USHUD Cooperative. Consent to receive text messages is not a condition of membership or any purchase.

      Opt-Out: Text STOP at any time to unsubscribe from all Cooperative text messages. You will receive a single final confirmation SMS, after which no further messages will be sent unless you re-opt in.

      Re-Opt-In: To resume receiving messages, contact us at [email protected] or update your notification preferences in your member account.

      Help: Text HELP for assistance, or contact us at [email protected] or 800-880-8584.

      Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.

      Message & Data Rates: Message and data rates may apply. Message frequency varies based on your account activity and notification preferences. Contact your wireless provider for questions about your text or data plan.

      No Mobile Data Sharing: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

    1. Member Conduct and Prohibited Uses

      As a Member, you agree to use the Cooperative platform lawfully and professionally. You agree that you will NOT:

      • Misrepresent your identity, licensure status, brokerage affiliation, or professional qualifications to consumers or to the Cooperative;
      • Use consumer lead data for any purpose other than providing legitimate real estate services to those consumers;
      • Resell, redistribute, or transfer consumer lead data to any third party;
      • Use the platform to send unsolicited bulk communications (spam) to consumers or other members;
      • Harass, threaten, or engage in abusive conduct toward consumers, Cooperative staff, or other members;
      • Attempt to access, scrape, or copy the Network’s consumer database by automated or unauthorized means;
      • Upload or introduce malicious code, viruses, or any content designed to interfere with platform operations;
      • Violate any applicable federal, state, or local law, including fair housing laws, RESPA, TCPA, and state real estate licensing statutes; or
      • Take any action that could damage the reputation, operations, or legal standing of the Cooperative or the USHUD Network.

      Violation of any of the above is grounds for immediate account termination without refund and may expose you to legal liability.

    1. Modifications to the Service and Terms

      The Cooperative reserves the right to modify these Terms, the platform, or the services included in any membership tier at any time. For material adverse changes, we will provide at least 30 days’ advance notice by email where practicable. Notice may not be provided where changes are required by:

      • Legal, regulatory, or governmental action;
      • User security, privacy, or platform integrity concerns;
      • Prevention of service disruption to other members; or
      • Events outside our reasonable control (natural disasters, acts of war, etc.).

      Continued use of the Service following any modification constitutes acceptance of the updated Terms. If you do not agree to a material change, you may cancel your membership in accordance with Section 6. The Cooperative will not provide refunds solely on the basis of a modification to these Terms.

    1. Intellectual Property

      All content, software, trademarks, logos, data, and technology comprising the USHUD Cooperative platform and the USHUD Network are the property of Heavy Hammer New Media Solutions, Inc. or its licensors. Your membership grants you a limited, non-exclusive, non-transferable license to access and use the platform solely for the purpose of your membership activities.

      You may not reproduce, copy, resell, sublicense, or create derivative works based on any part of the platform or Network without our express written consent. The USHUD, AllHud, HUDExchange, and USAHUD names and logos are trademarks of Heavy Hammer New Media Solutions, Inc.

      By submitting your professional profile content (including your photo, bio, and any marketing materials), you grant the Cooperative a non-exclusive, royalty-free license to use, display, and distribute that content across the Network for the purpose of your membership, as described in Section 4.

    1. Disclaimer of Warranties

      THE COOPERATIVE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COOPERATIVE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY VULNERABILITIES. THE COOPERATIVE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONSUMER LEAD DATA DISTRIBUTED THROUGH THE NETWORK.

      THE COOPERATIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE PLATFORM AND ALL LEAD DATA IS AT YOUR OWN RISK.

      THE COOPERATIVE DOES NOT GUARANTEE THAT ANY CONSUMER LEAD WILL RESULT IN A CLIENT RELATIONSHIP, A CLOSED TRANSACTION, OR ANY REVENUE TO YOU. THE CONVERSION OF LEADS INTO CLIENTS IS ENTIRELY DEPENDENT ON YOUR OWN PROFESSIONAL SKILL AND EFFORT.

    1. Limitation of Liability

      TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COOPERATIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOST CLIENTS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF THE COOPERATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      IN NO EVENT SHALL THE COOPERATIVE’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR MEMBERSHIP EXCEED THE TOTAL MEMBERSHIP FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

    1. Indemnification

      You agree to defend, indemnify, and hold harmless the Cooperative and Heavy Hammer New Media Solutions, Inc., and their respective officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

      • Your use of the platform or any consumer lead data;
      • Any misrepresentation made by you to a consumer or to the Cooperative;
      • Your violation of these Terms;
      • Your violation of any applicable law, including fair housing, licensing, or consumer protection statutes; or
      • Any claim by a consumer arising from your conduct in connection with a lead received through the Network.

    1. Governing Law and Dispute Resolution

      These Terms are governed by the laws of the State of Maryland, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your membership shall be submitted to the exclusive jurisdiction of the state and federal courts located in Anne Arundel County, Maryland, and you hereby consent to personal jurisdiction in those courts.

      Before initiating any legal proceeding, you agree to contact the Cooperative in writing at [email protected] and provide a reasonable opportunity (not less than 30 days) to resolve the dispute informally.

  1. General Provisions

    Entire Agreement

    These Terms, together with your enrollment agreement and any addenda, constitute the entire agreement between you and the Cooperative with respect to your membership and supersede all prior agreements, representations, and understandings. In the event of a conflict between these Terms and your enrollment agreement, your enrollment agreement controls with respect to membership tier, pricing, and term.

    Severability

    If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

    No Waiver

    Failure by the Cooperative to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

    Notices

    Notices from the Cooperative to you will be sent to the email address on file with your account and are deemed delivered when sent. Notices from you to the Cooperative must be sent to [email protected] or by mail to:

    USHUD Cooperative / Heavy Hammer New Media Solutions, Inc.
    65 Old Solomons Island Road, Suite 202
    Annapolis, MD 21401

    Electronic Agreement

    By enrolling online, clicking “I Agree,” or providing a verbal agreement on a recorded call, you acknowledge that your electronic or verbal acceptance constitutes a legally binding signature and agreement to these Terms in accordance with applicable electronic signature laws.

These Terms of Service were last updated on July 1, 2026.