Terms of Use

1. Who We Are

Pinkmelon, Inc. ("Pinkmelon," "we," "us," or "our") is a licensed real estate brokerage operating in California under the California Department of Real Estate (CalDRE License #02446566), with its principal place of business at 3435 WILSHIRE BLVD STE 1960, Los Angeles, California. Pinkmelon currently provides brokerage services only in Los Angeles County and Orange County, California. Our services are available to consumers subject to the limitations set forth below.

These Terms of Use ("Terms") govern your access to and use of the Pinkmelon website and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Services Provided

Pinkmelon provides the following services through this website:

Services for Buyers Browse available listings, estimate your potential cash-back rebate with our calculator, and request a consultation to be connected with a licensed Pinkmelon agent. Once matched, your agent will guide you through touring properties and completing your home purchase.

Services for Sellers List your property, explore pricing options, and estimate how much you could save with Pinkmelon's 1% listing fee model. Request a consultation to be connected with a licensed agent who will walk you through the full selling process.

Informational Tools Our estimated rebate calculator, estimated savings calculator, and property search features are provided for informational purposes only. Any amounts shown are estimates and do not constitute a guarantee of any kind. Property listings are sourced from the MLS and are deemed reliable but not guaranteed — listings are subject to change or withdrawal without notice, and MLS data may not be used for commercial purposes.

3. Eligibility

You must be at least 18 years old to use Pinkmelon's services or submit information through our website. By using our services, you represent that you have the legal capacity to enter into a binding agreement and that you are a bona fide buyer or seller of real property.

4. No Agency Relationship Until Written Agreement

Submitting a consultation request through our contact form does not create a buyer representation, listing, or agency relationship with Pinkmelon.

An agency relationship is created only upon execution of a separate written agreement — a buyer representation agreement or a listing agreement — signed by both you and Pinkmelon. Until such an agreement is signed:

• Pinkmelon owes you no fiduciary duty;
• No agent is authorized to act on your behalf; and
• Communications with Pinkmelon agents are informational only.

In the event of any conflict between these Terms and a signed representation or listing agreement, the signed agreement controls with respect to the subject matter of that agreement.

5. Commission, Cash Back, and Compensation

Seller Listing Fee. Sellers who execute a listing agreement with Pinkmelon are charged a listing fee of 1% of the final sold price. This fee is separate from any compensation offered to a buyer’s agent, which is negotiated separately between the seller and the buyer’s representative.

Buyer Cash Back. Where a buyer closes a purchase represented by Pinkmelon and buyer-side compensation is paid in the transaction, Pinkmelon retains 1% of the purchase price and rebates the remainder of the buyer-side compensation it actually receives to the buyer. Cash back is subject to all of the following:

• Availability of buyer-side compensation. Cash back depends entirely on compensation actually offered and paid in the transaction. If the seller offers no buyer-side compensation, or offers compensation of 1% or less, no cash back will be payable.
• Lender approval. Cash back must be approved by your lender and disclosed on the closing statement. Certain loan programs restrict or prohibit buyer rebates. Pinkmelon has no control over lender decisions.
• Closing. Cash back is payable only upon successful closing. No cash back is payable on transactions that do not close.
• Written agreement. Cash back terms are governed by your signed buyer representation agreement, which controls in the event of any inconsistency.

Estimates. All amounts shown on our website, including calculator results, are estimates only. Final figures are confirmed at the time of contract and on the closing statement.

Negotiability. All real estate commissions are negotiable and are not set by law or by any trade association.

Tax Treatment. Cash back may be treated as a purchase-price adjustment rather than income, but tax treatment depends on individual circumstances. Pinkmelon does not provide tax advice. Consult a qualified tax advisor.

6. Agents and Independent Professionals

Real estate services are performed by licensed real estate agents who are employees of Pinkmelon. Pinkmelon does not guarantee the availability of any particular agent, and reserves the right to reassign an agent where reasonably necessary.

Third-party service providers you may engage in connection with a transaction — including lenders, escrow and title companies, inspectors, appraisers, and contractors — are independent of Pinkmelon. Pinkmelon does not control and is not responsible for the acts, omissions, fees, or work product of such third parties, and any referral or mention of a third party is not a recommendation, endorsement, or guarantee.

7. Fair Housing

Pinkmelon complies with the federal Fair Housing Act, the California Fair Employment and Housing Act, and all applicable fair housing laws. We do not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, familial status, national origin, ancestry, disability, source of income, or any other characteristic protected by law. Equal Housing Opportunity.

8. Intellectual Property

All content on this website — including text, graphics, logos, product names, and software — is the property of Pinkmelon, Inc. or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, or create derivative works without prior written consent.

9. Prohibited Uses

You agree not to:

• Use this website for any unlawful purpose or in violation of applicable law
• Reproduce or exploit MLS data for any commercial purpose
• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorized access to any portion of our systems
• Use automated tools (bots, scrapers) to access or collect data from this website
• Impersonate any person, entity, or licensed real estate professional

10. Disclaimers

The website and all content, tools, and services are provided "as is" and "as available" without warranties of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Pinkmelon does not warrant that the website will be uninterrupted, error-free, or secure. Nothing on this website constitutes real estate, financial, legal, mortgage, tax, or investment advice. Please consult qualified professionals before making any real estate decision.

Pinkmelon does not guarantee that any property will be sold or purchased, that any particular price will be achieved, or that any transaction will close.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Pinkmelon and its affiliates, officers, agents, and employees shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost savings, or loss of data, arising out of or relating to your use of the Services, whether based in contract, tort, or any other legal theory.

To the maximum extent permitted by applicable law, Pinkmelon’s total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total compensation actually received by Pinkmelon in connection with the transaction giving rise to the claim, whether paid by you or by another party to that transaction.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud, willful misconduct, or gross negligence.

12. Indemnification

You agree to indemnify and hold harmless Pinkmelon, Inc. and its affiliates, officers, agents, and employees from and against any claims, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising from your use of the website, violation of these Terms, or violation of any third-party rights, except to the extent such claims arise from Pinkmelon’s own negligence, willful misconduct, or violation of law.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Informal Resolution. Before initiating arbitration, you agree to first contact us at hello@pinkmelon.ai and attempt to resolve the dispute informally for a period of thirty (30) days.

Arbitration. Any dispute arising from these Terms or our services shall be resolved through binding arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules, administered in Los Angeles County, California. Pinkmelon will pay all arbitration filing and administrative fees to the extent required by the AAA Consumer Arbitration Rules.

Exceptions. Either party may (a) seek injunctive or equitable relief in a court of competent jurisdiction, or (b) bring an individual claim in small claims court.

Class Action Waiver. Any arbitration shall be conducted on an individual basis; class actions and class-wide arbitration are waived.

Your Right to Opt Out. You may opt out of this arbitration provision by sending written notice to hello@pinkmelon.ai within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms or your use of the Services.

14. Privacy

Your use of this website is governed by our Privacy Policy, incorporated herein by reference. By using our services, you consent to the collection and use of your information as described therein.

15. Changes to These Terms

We reserve the right to update these Terms at any time. We will update the "Last Updated" date at the top of these Terms and, for material changes, provide reasonable advance notice through the website or by email where we have your address. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.

16. General Provisions

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pinkmelon regarding the Services, and supersede all prior understandings. This does not supersede any signed buyer representation agreement or listing agreement, which controls as to its subject matter.

No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. Pinkmelon is not liable for any failure or delay caused by events beyond its reasonable control.

17. Contact

If you have any questions about these Terms, please contact us.

• Email: hello@pinkmelon.ai
• Pinkmelon, Inc. — CalDRE License #02446566
• 3435 WILSHIRE BLVD STE 1960, Los Angeles, California
• Phone: (213) 426-1171