Homie Technology, Inc. d/b/a Homie, and its subsidiaries (“Homie”, “Company”), through its websites (the “Site”) and home buying and selling platform (the “Platform”), offers various real estate services including, but not limited to, home loans, home and auto insurance, real estate brokerage services, and title and escrow services (the “Services”). These Standard Terms and Conditions (“T&Cs”) are made by and between Homie and any person, entity, representative, or agent who uses or accesses the Platform and/or the Services (“User”).
Use of the Platform and the Services are conditional upon User’s full compliance with these T&Cs; all applicable laws, rules, and regulations; and any supplemental terms referenced herein or which Homie may present User with for review and acceptance at the time User subscribes to such Service (“Service Terms”). The Service Terms shall be incorporated into and form a part of these T&Cs. If the terms herein conflict with any Service Terms, the Service Terms will govern with respect to the matters contemplated thereby. By registering for an account on Homie’s Platform, to include Homie’s affiliate subsidiary Sites, User expressly acknowledges that they are opting-in and fully consent to the terms set forth in these T&Cs and the corresponding Service Terms. If you do not agree or otherwise consent to the terms set forth in the T&Cs and Service Terms, then do not create an account and become a User of the Platform and/or Services. Your rights may be impacted by agreeing to become a User of the Platform. Please carefully review all terms and conditions set forth herein, as well as all terms and conditions set forth in the Service Agreements for each site before completing the registration process.
Users’ Responsibilities and Obligations. User is solely responsible for (i) following instructions that Homie provides to User with respect to the Services, (ii) obtaining, maintaining, and keeping secure any equipment and ancillary services necessary to connect to, access, or otherwise utilize the Platform, including but not limited to internet access, networking equipment, hardware, software, and operating systems, and (iii) maintaining applicable accounts with providers of Third-Party Services (as defined below) utilized by User. User is further responsible for providing Homie with the information required for Homie to perform the Services. User represents and warrants to Homie that for any information that User shares with Homie, User will have the authority to share such information. User is also responsible for reviewing any reports, filings, information, documents or materials posted to the Platform by Homie (or otherwise made available to User by Homie) for User’s review. User is responsible for and shall maintain the accuracy and completeness of such information and materials on an ongoing basis and will promptly notify Homie of any changes. Homie may, at its sole discretion, decline to offer the Services for any reason, including but not limited to User’s failure to satisfactorily complete the Services enrollment process.
User may not submit false information. The Services may not be used to generate or send unsolicited commercial email (spam) or unsolicited calls or texts to any person. User agrees to send emails, calls and texts only to those who have given User consent, or with whom User has an established business relationship.
Affiliate and Third-Party Services, Websites, and Resources. User acknowledges and understands that Homie has affiliated businesses that may be part of User’s transaction, but User is not obligated to use any of Homie’s affiliated businesses to complete a transaction. Notwithstanding specific restrictions set forth in the Service Terms, User acknowledges that User’s first and last name, address, phone number, and email address may be shared between Homie’s affiliated subsidiary companies for purposes of marketing services relevant to each affiliate unless User expressly requests to opt-out of such information sharing. The Platform and the Services may also contain links to elective third-party websites and resources and allow Users to receive services from third-party partners and/or vendors of Homie and its affiliates (“Third-Party Service”). If User elects to use any Third-Party Service, User authorizes Homie to submit to the applicable Third-Party Service any and all applicable documents and information about User, as required and/or otherwise requested, that are necessary for provision of the Third-Party Service to User (collectively, the “Shared Information”). User understands that use of such Third-Party Services is at User’s own risk and that Homie is not responsible for Third-Party Services or any material, information, or results made available through the third party. User also represents and warrants that User has all the rights in and to any Shared Information necessary to provide such Shared Information to Homie and for Homie to provide it to Third Party Services, if applicable, and that Homie’s use or disclosure of Shared Information as contemplated hereunder will not violate any rights of privacy or other proprietary rights, or any applicable local, state, or federal laws, regulations, orders, or rules. Homie uses certain vendors to facilitate core functions of its Services and Platform, which are deemed critical to Homie operations, and may require transmission of Shared Information to those critical vendors. By agreeing to these T&Cs, User otherwise consents to Homie use and transmittal of Shared Information to such critical vendors.
Email, Text, and Cellular Communications. Homie uses email and text as its primary communication channel with you, its registered User. As a registered User of the Homie platform, you hereby acknowledge and grant Homie permission to communicate with you via email for any purposes Homie determines to be relevant including, but not limited to, your transaction(s) with Homie, system messages, product updates, service announcements and other marketing messages. You also hereby acknowledge and grant Homie permission to communicate with you via text messaging (“SMS”) for any purposes Homie determines to be relevant including, but not limited to, your transaction(s) with Homie, system messages, product updates, service announcements and other marketing messages. You represent that you are the account holder of the mobile telephone line associated with your registration, or that you have the account holder’s permission to receive communications from Homie. You consent to receive text messages from Homie. Homie is not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from Homie and to Homie from you. The frequency of text messages will vary depending on your transactions with Homie. If you have any questions about your text plan or data plan, it is best to contact your wireless provider as Homie has no liability for any charges related to your text and/or data plans.
Intellectual Property. The information and materials that are uploaded, posted, stored, or created through the Platform by User is “User Content.” By making such User Content available through the Services, User hereby grants Homie a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, and distribute User Content in connection with operating and providing the Platform and the Services. User represents and warrants that User owns all User Content or User has all rights that are necessary to grant Homie such license rights to the User Content.
The information and materials, including transaction data, posted, generated, provided, or otherwise made available through the Services by Homie, other than User Content, is the property of Homie and its licensors (“Homie Content”) and is protected by copyright, trademark, and other intellectual property laws. User Content and Homie Content shall be collectively referred to herein as “Content.” Homie and its licensors exclusively own all worldwide right, title, and interest in and to the Homie Content, and also in and to the Platform and the Services, including all associated intellectual property rights (“Homie IP”). User agrees not to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Homie Content or remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform, Services, or Homie Content. User may only use Home Content for personal and internal use, and may not use any Homie Content for further distribution, publication, public display, or preparation of derivative works, or to facilitate any of these activities in any way. User may not use Homie Content or Services to compete with Homie in any way. Subject to User’s compliance with these T&Cs and the applicable Service Terms, Homie grants User a limited, non-exclusive, non-transferable, non-sublicensable right to access, view, and download Homie Content solely in connection with User’s permitted use of the Platform and Services.
Homie’s Rights to Monitor Users. Although Homie is not obligated to monitor access to or use of the Platform, Services, or Content nor to review or edit any User Content, Homie has the right to do so for the purposes of operating the Platform and Services, ensuring compliance with these T&Cs and applicable Service Terms, and complying with applicable laws or other legal requirements. Homie reserves the right, but is not obligated, to remove or disable access to any User Content, at any time and without notice, for any reason, including, but not limited to, if Homie, at the company’s sole discretion, considers any User Content to be objectionable or in violation of these T&Cs or the Service Terms.
Warranty Disclaimers. THE PLATFORM, SERVICES, AND HOMIE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND MADE BY HOMIE. USER’S USE OF THE PLATFORM, SERVICES, AND HOMIE CONTENT IS AT USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, AND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY. FURTHERMORE, HOMIE MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR QUALITY OF ANY INFORMATION OR HOMIE CONTENT IN OR LINKED TO THE SERVICES. HOMIE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF USER CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO USER CONTENT.
No Professional Advice. User understands and acknowledges that Homie is not trained or licensed to provide professional advice regarding the physical or legal condition of any property. Homie does not guarantee the accuracy of, endorse or recommend any information, including, but not limited to, historical transaction information, analytical market data, quoted rates, loan information, title reports (collectively, the “Reports”), provided through the Services. User agrees to use such information at User’s own risk. THE REPORTS, INFORMATION, TUTORIALS, AND GUIDANCE PROVIDED THROUGH THE SERVICES ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY OR THROUGH HOMIE USERS ARE STRONGLY ENCOURAGED TO CONSULT WITH AN APPROPRIATE PROFESSIONAL.
Indemnity. User will indemnify and hold harmless Homie and its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, service providers, and licensors (the “Indemnified Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, costs, judgements, penalties, fines, and expenses (including, without limitation, reasonable legal and accounting fees) (collectively, the “Claims”), arising out of or in any way connected with (i) User’s access to or use of the Platform, Services, or Content; (ii) User Content; (iii) User’s violation or alleged violation of these T&Cs or applicable Service Terms; (iv) User’s violation or alleged violation of any third party right; (v) User’s violation or alleged violation of any applicable law, rule, or regulation; (vi) User’s negligence, fraudulent activity, or willful misconduct; (vii) Homie’s or any other Indemnified Party’s use of or reliance on information or data furnished by User, an employee or independent contractor of User, User’s Account Administrator, or User’s Authorized Representative in providing the Services, or otherwise in connection with these T&Cs; (viii) actions or activities that Homie or any other Indemnified Party undertakes in connection with the Services or these T&Cs at the direct request or instruction of anyone reasonably believed to be a User, an Account Administrator, or an Authorized Representative (each such action or activity, a “Requested Action”); (ix) Homie’s or any other Indemnified Party’s use of or reliance on information or data resulting from such Requested Actions; or (x) User’s failure, or the failure of any Account Administrators or Authorized Representatives, to properly follow Homie instructions with respect to the Services.
Limitation of Liability. Homie is not responsible or liable for (i) User Content or anyone’s reliance on User Content; (ii) resulting errors or any consequences or Claims directly or indirectly arising from inaccurate User Content and such resulting errors; (iii) any consequences or Claims directly or indirectly resulting from User’s delay in providing, or User’s failure to provide, Homie with information necessary for its provision of Services; (iv) User’s violation of any applicable law, rule, or regulation; (v) unauthorized third-party actions taken in User’s Account and any transactions, consequences, or Claims arising therefrom; (vi) User’s negligence or any negligence of User’s Account Administrator or Authorized Representative; (vii) any circumstances or Claims arising out of or related to a Third-Party Service’s use of User’s Shared Information; (viii) any Requested Actions, or any consequences or Claims directly or indirectly resulting therefrom; or (ix) User’s failure, or the failure of any Account Administrators or Authorized Representatives, to properly follow Homie instructions with respect to the Services.
IN NO EVENT WILL HOMIE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, OR CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER HOMIE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL HOMIE’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE T&CS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, OR CONTENT EXCEED THE AMOUNTS USER HAS PAID TO HOMIE FOR USE OF THE PLATFORM, SERVICES, OR CONTENT IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Term; Termination; Suspension. The Services and these T&Cs will continue until terminated. Homie reserves the right to immediately suspend, restrict, or terminate User’s Account; or access to the Platform or Services; for any reason at any time including but not limited to: (i) User’s violation of these T&Cs or any Service Terms for its affiliate companies; (ii) User’s failure to pay the required fees when due; or (iii) User’s breach of User’s contractual obligations hereunder. Upon termination of any Services, User’s right to access and use such Services will automatically terminate.
Changes to the T&Cs, Platform, or Service. Homie may modify the T&Cs or the Services Terms at any time and at Homie’s sole discretion. If Homie makes a material change to the T&Cs or Service Terms, Homie will notify User via email or through a notice on Homie’s webpage or login portal. User’s continued use of the Platform or Services after such modifications will constitute User’s acknowledgment of the modified T&Cs and User’s agreement to be bound by its terms. Changes to the T&Cs are effective when they are posted on this page. Because the Platform and Services are evolving over time, Homie may change or discontinue all or any part of the Platform or Services at any time and without notice, at Homie’s sole discretion and without any liability.
Informal Negotiation; Arbitration. To expedite resolution of and reduce the cost of any dispute, controversy or claim arising between User and Homie (each a "Claim" and collectively "Claims"), User agrees to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. User’s address for communication and/or informal negotiation is User’s personal home address, with an email copy to the email address User has provided to Homie. Notice of the Claim must follow terms of Section 16 below. If necessary to preserve a Claim under any applicable statute of limitations, User or Homie may initiate arbitration while engaging in the informal negotiations. ANY DISPUTE RELATED TO THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION IN SALT LAKE CITY, UTAH. NOTICE OF ANY CLAIM REQUIRING ARBITRATION SHALL BE SUBMITTED TO THE AMERICAN ARBITRATION ASSOCIATION AND ONE ARBITRATOR SHALL BE CHOSEN IN ACCORDANCE WITH AAA’S STANDARD PROCEDURES.
Class Action Waiver. USER WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST HOMIE AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT USER IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST HOMIE, USER AGREES THAT USER SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION.
Governing Law; Waiver of Jury Trial. These T&Cs shall be interpreted and construed in accordance with the laws of the State of Utah, without regard to the conflicts of laws principles thereof. USER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT USER MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE T&CS OR THE SERVICES CONTEMPLATED HEREUNDER. The parties agree that for any matter requiring judicial intervention jurisdiction and venue will be the State and Federal courts of Salt Lake County, Utah.
General. These T&Cs, including all applicable Service Terms, constitute the entire agreement between Homie and User regarding the Platform, Services, and Content and replaces all prior understandings, communications, and agreements, oral or written, regarding this subject matter. These T&Cs may be modified only by a written amendment signed by the parties. If any part of these T&Cs is deemed to be unenforceable or invalid, that section will be removed without affecting the remainder of the T&Cs and the remaining terms will be valid and enforceable.
User may not assign these T&Cs or assign, sublicense or otherwise transfer its rights hereunder, by operation of law or otherwise, without Homie’s prior written consent, which shall not be unreasonably withheld. These T&Cs shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns. Any notices or other communications provided by Homie pursuant to these T&Cs will be given: (i) via email; and/or (ii) by posting to the Platform. All notices to Homie must be sent via email to email@example.com with a copy of any such notice sent via registered mail, certified mail, or overnight mail with a return receipt requested to Homie Technology, Inc., Attn: Legal Department, 10355 S. Jordan Gateway, Suite 550, South Jordan, UT 84095. Homie’s failure to enforce any right or provision of these T&Cs will not be considered a waiver of such right or provision.
Homie Loans, LLC (“Homie Loans”), Investors Title Insurance Agency, Inc. d/b/a Homie Title (“Homie Title”), Daniel Eskelson Insurance Agency Inc. d/b/a Homie Insurance (“Homie Insurance”), and any of Homie Technology Inc.’s affiliated Real Estate Brokerages (Homie We’ve Got Your Back, LLC [Utah] and Homie LLC [Arizona], collectively “Homie”) have a business relationship in that all are owned by Homie Technology Inc., a Delaware Corporation, and that each may refer to you the services of another. Because of this relationship, the referral of a customer—including you—by any of these affiliated companies to another may provide Homie Technology Inc., Homie, Homie Loans, Homie Title, Homie Insurance, their affiliates, and/or their employees a financial or other benefit. You are NOT required to use either Homie Loans, Homie Title, Homie Insurance, or Homie. You may use them individually or together. By using Homie, Homie Loans, Homie Title, or Homie Insurance, you agree that your information may be shared between the two companies regarding the home buying or home selling transaction.
There are frequently other settlement service providers available with similar services. You are free to shop around to determine that you are receiving the best services and the best rate for these services.
Homie Loans™ launching in Las Vegas April 2020.