I. ELIGIBILITY OF YOUR ACCOUNT
To access some features and services available through the Website, you may be required to register for an account. When you register for an account, you may be required to provide us with information about yourself, including information by which you may be personally identified, such as your name, e-mail address or other contact information. You agree that the information you provide is accurate and that you will keep it up to date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your User account with others.
II. USE OF THE WEBSITE
reserve the right to withdraw or amend any service or material we provide on the Website in our sole discretion without notice to you. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website to registered Users.
III. PROHIBITED USES
- Use information we provide through the Website or any related services in making any loan-related decisions;
- Reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, or reverse engineer any portion of the services or material provided on the Website, except as explicitly permitted herein;
- Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data available through the Website, except as explicitly permitted by Homing;
- Use the Website to compile, or verify public information, including tax assessment information, with regards to any real estate listings or other data hosted on our Website;
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- Use the Website or any information obtained in connection with your use of the Website to impersonate or attempt to impersonate Homing, a Homing employee, another User, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- Distribute or post spam, chain letters, pyramid schemes, or similar communications through the Website;
- Use automated spiders, crawlers, or scrapers, except in connection for inclusion with publicly available web search engine results online (downloading, crawling, or programmatically accessing our Website in any way with the intent to reproduce our information on another real estate search website, a content aggregator, or any similar website, is prohibited without our prior written consent);
- Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Homing or Users, or expose them to liability;
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce to the Website or any User any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the Website; or
- Attempt to, or permit or encourage any third party to do any of the above.
IV. USER CONTRIBUTIONS
Certain portions of the Website may allow Users to upload or otherwise provide to Homing images, photos, video, data, text, listings, and other content that may be posted, submitted, published, displayed, or transmitted to other Users or other persons (“User Contributions”).
By uploading or otherwise providing User Contributions to the Website, you grant Homing an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of, or incorporate into other works, and translate your User Contributions, in connection with the Website, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Homing will not pay you for your User Contributions or to exercise any rights related to your User Contributions.
We may process, use, analyze, or commercialize User Contributions in any way, including in ways not yet known, without any compensation, notice, or your consent, at any time, and without the compensation, notice, or consent of any third parties or successors in interest. We may remove or modify material you submit at any time, without your consent or prior notification.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Homing, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We may lose, eliminate access to data you submit, or disable your ability to access this data, at any time, at our sole discretion, without prior notice or your consent. Our display or hosting of data you submit does not create any implied right of any kind. We disclaim all responsibility, and assume no liability for any material posted by any third party, including you, or that may result from a loss, modification, or revocation of access to you, any other User, or a third party, to such data.
You may submit other content to us, such as but not limited to feedback, ideas, reviews, and comments. These submissions in any form are similarly covered by all terms of this subsection.
V. CONTENT STANDARDS
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
VI. MONITORING AND ENFORCEMENT; TERMINATION
The termination of your account or your relationship with us may result in the loss of information associated with your user account or your usage of our services such as, for example, any User Contributions, or may permanently restrict your access to our Services. We do not accept any liability for any loss you may incur resulting from the loss of such information, or services.
VII. THIRD-PARTY INFORMATION; ADVERTISEMENTS ON THE WEBSITE
The Website may contain, or we may otherwise provide to you, marketing or advertising material containing information about third-party service providers, such as real estate agents or financial services providers (each, a “Provider”) and their products or services. To help make advertisements relevant and useful to you, we may serve advertisements based on the information we collect through the Website. Upon receiving your request to share your personal and contact information with any such Provider, we will transmit your information to and request such Provider contact you (each such request, an “Introduction”). We will receive compensation from Providers for Introductions we generate. If you are contacted by a Provider after authorizing us to share your information and you no longer wish to receive communications from such Provider, you may contact that Provider to opt out of future communications. Providers may obtain your personal information from sources other than Homing, such as public databases or third parties, but we endeavor to share your personal information, including contact information, only upon your explicit consent. Any information transmitted or received via an Introduction shall be used to contact Users through the Website; Providers agree not to circumvent the Website and the processes contemplated herein.
In addition to advertising material about Providers, the Website includes links to third-party products, services, and websites. Third-party providers are solely responsible for their services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You are responsible for your use and submission of your personal ormation to any third party, and your dealings or business conducted with any third party arising in connection with the Website are solely between you and such third party. By using a tool or feature that allows for your personal information to be transferred, you agree that Homing may transfer such information to the applicable third parties, which are not under the control of Homing.
VIII. FINANCIAL PRODUCTS
If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Website by filling out a contact or other request form, or by otherwise indicating your interest in contacting or being contacted by a third-party provider, including requests for rate quotes, on the Website, you authorize Homing to provide the information to the third-party provider. If you include your name, contact information, and other information in a request to contact a third-party provider, we will use reasonable efforts to protect your identity and any personally identifiable information, but make no representation that such information will not be transmitted to such third-party provider. Your submissions of information and any request for quotes through the Website is not an application for credit. Homing is only providing an administrative service to consumers and participating brokers or lenders. Decisions regarding lenders contacting consumers are made by participating lenders and not Homing.
In addition, we may collect financial information from you in connection with your use of our Website to, for example, charge you for services we may provide. We may use third party payment processors to process this payment. In these cases, the usage of your financial information may be governed by the terms of service, privacy policies, and similar of these third party service processors. You agree to not attempt to circumvent our billing procedures, and to provide accurate information regarding your billing information. We may remove, alter, increase, decrease, or otherwise change fees charged to you via our Website at anytime and, so long as such a change does not require you to pay a different amount for services you have already purchased or obtained, you may not be notified of any of these changes.
IX. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
X. DISCLAIMER OF ACCURACY OF INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website furnishes content provided by third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third party.
XI. WEBSITE AVAILABILITY AND UPDATES
We may update the Website from time to time. We do not guarantee uninterrupted or error-free operation of the Website. Technical issues may result in the unavailability or disruption of the Website, or certain features or functionality. We will use reasonable efforts to maintain operation and availability of the Website at all times. We will not be liable for failure to provide all or part of a feature.
XII. WEBSITE AVAILABILITY AND UPDATES
We may use utilize trademarked graphics, service marks, images, logos, or other promotional material in connection with our services. These marks and images may be subject to legal protection within the United States or other jurisdictions. To the extent permitted by law, reproduction of these marks is prohibited without our express consent.
We own trade secrets and know-how that contribute to the functionality of our Website and our services, which may be legally registered, or be eligible to be legally registered, or may otherwise belong to us. Your usage of our Website or services does not entitle to any right, claim, or other interest whatsoever in these trade secrets and know-how.
XIII. INTELLECTUAL PROPERTY VIOLATIONS
If you believe that any user has acted inappropriately, which may include, but is not limited to, offensive, violent, illegal, or otherwise inappropriate behavior, you may report such violations to firstname.lastname@example.org.
We respect the intellectual property rights of our users, and of third parties. If you believe that your intellectual property rights have been in some way infringed, you may contact us at email@example.com through which our Copyright Agent may be contacted. We may require you to submit additional information with your query at our future discretion, which may include an identification of the offended material, the basis through which you believe your claim is valid, your contact information, and a sworn statement regarding your status as the true copyright holder.
Wet may limit access to, or temporarily or permanently remove material we believe to be in violation of copyright laws or of another’s intellectual property, even without complaints from users or third parties. We will comply with the appropriate provisions of the DMCA to the extent possible in handling alleged copyright violations.
XIV. ELECTRONIC COMMUNICATIONS
You understand and agree that this Agreement will be entered into electronically, and that the following information will be provided by us to you by electronic means: this Agreement and any amendments, modifications, or supplements to it; any initial, periodic, or other disclosures or notices provided in connection with the Products; all regulatory disclosures; and all communications related to the Website. You expressly consent to receive communications by phone or electronically, either by e-mail, text message, or notices posted to the Website, and you agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication.
XVI. DISCLAIMER OF WARRANTIES
XVII. LIMITATION OF LIABILITY; EXCLUSIVE REMEDY
XVIII. LIMITATION ON TIME TO FILE CLAIMS
XIX. GOVERNING LAW; BINDING ARBITRATION
XX. WAIVER AND SEVERABILITY
XXI. ENTIRE AGREEMENT
XXII. GENERAL TERMS
We are controlled and operated within the United States. We make no representation, warranties, or other promises that our Website may be accessible in any other country, or that our Website does not violate the laws of any other jurisdiction. Your use of our services in another jurisdiction may subject you to legal obligations or penalties. We are not responsible for the potential obligations or liability you may assume by accessing our website or using our services in another jurisdiction
You may not assign your rights or obligations under this Agreement to any other party without our consent. We may assign or delegate your rights or obligations under this Agreement, fully or partially, at any time without notice to you.
XXIV. CONTACT US
This website is operated by Homing. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org.