Terms & Conditions of Use
Homie may update these Terms and Conditions at any time and without notice. The latest version of the Terms and Conditions is available on the Website and Your use of the Website or Services is conditioned upon Your acceptance of the latest version of this Agreement accessible on the Website at the time of Your use.
Submission and Administration of Listings
a. Limited Agency or Representation. You understand and agree that while Homie is a licensed real brokerage and employs real estate agents neither Homie nor its agents represent you for any real estate transaction until you sign either a Limited Services Listing Agreement and Agency Disclosure (the “Listing Agreement) or a Buyer Broker Agreement (the “Buyer Agreement”). You further agree that, if both You and the other party involved in the same real estate transaction are Homie customers, Homie may provide services to both parties involved in the transaction. You understand, by using the Website and the Services, that you are entitled to be represented by a separate agent. A limited agent must remain neutral in the representation of a seller and buyer, and may not disclose to either party information likely to weaken the bargaining position of the other. Material facts concerning a defect in the property or a client’s ability to perform on the contract do not fall within the scope of such confidentiality. You agree that Homie is not liable for unknown material facts about the property and that unknown material facts cannot, under any circumstances, be disclosed by Homie. You further agree that You waive the right to, in the event that both buyer and seller are Homie customers, undivided loyalty, absolute confidentiality, and full disclosure from Homie or the Services provided by Homie. You further agree that Homie has no liability to You or any third party in connection with the purchase or sale of Your parcel of residential real estate (Your “Property”). Homie provides software tools for home buyers and sellers that desire to buy or sell residential real estate. You understand and agree that all Services are intended to simplify the home buying or selling process, but that the Services do not and cannot offer advice, direction, or definitive answers to questions that You may encounter during the home buying or home selling process. All information, data, statistics, comparable sales, home value reports, tips, tricks and responses to frequently asked questions are provided for information purposes only and do not constitute advice or direction for Your transaction. Only You can decide, and You are fully responsible for, how such materials and information are used. Homie employs in-house and contract attorneys that can assist you in completing standard real estate form contracts, answer specific questions and help provide explanations of contract language. Further, Homie employs licensed real estate agents that may assist in real estate transactions. Such attorneys and agents may also provide drafting suggestions, explanations of typical outcomes, suggested process actions and digital signature capabilities in connection with your use of the Services. Nevertheless, You alone are responsible for all actions taken and all contracts transmitted in connection with the purchase or sale of Your home. You alone are responsible for reading and understanding your Purchase Contract and the transaction and process outlined therein. If You do not understand any portion of the contract, the process or transaction, You must reach out to your assigned attorney or Homie for clarification. You understand and agree that Homie is not negotiating, generating, drafting or completing any contracts or transactions on Your behalf. Homie cannot and does not make any decisions for You and it is Your responsibility to verify all contract drafts and actions that You take are accurate and in Your best interest before signing any contracts or completing any transactions. Your use of and interaction with Homie’s attorneys will be governed solely by this Agreement. You agree that all forms, purchase agreements, disclosure statements, and other documents transmitted by or through the Services, even if prepared using any of the Services, are drafted by You, and by signing any such documents, You expressly acknowledge and agree that You alone are responsible for the content thereof. You are solely responsible for complying with the terms and conditions contained in any such contract, including meeting any deadlines, and You alone are responsible for the consequences of any breach or nonperformance under any such contracts. By physically or electronically signing any such documents produced or transmitted through the Services, You expressly represent and warrant that You have read and that You understood all provisions contained therein. Further, by signing any documents produced or transmitted by or through the Services, You expressly release Homie from any liability (i) in connection with the content, legality and enforceability of such documents, (ii) related to the subject matter thereof, or, (iii) arising out of the transactions contemplated therein. Before executing any document by or through the Services, Homie recommends that You contact an independent real estate attorney to answer any legal or contract related questions. Homie expressly disclaims any liability for, and You further agree to indemnify Homie in connection with, any dispute arising out of or related to Your use of the Services and the content of, and Your compliance or non-compliance with, any contract produced or transmitted by or through the Services.
b. CONTENT. While You may submit property descriptions, photographs, images, videos, graphics, virtual tours or other supported media or copy and other information to Homie (collectively, the “Content”) for each Property advertisement You create using the Services. Homie may also hire third party vendors to produce Content for Your advertisements. You represent and warrant that (i) You own or have the legal power to advertise the subject Property for sale, (ii) You own or have the full right, power and authority to grant Homie the right to use and display all such Content (iii) Your license of such Content to Homie hereunder does not, and the use or license of such Content by Homie to third parties will not, infringe any right or interest owned or possessed by any third party; and (iv) You are not subject to any claims, settlements, judgments, or pending claims or litigation, relating to such Content.
c. OWNERSHIP. You retain any applicable ownership rights that You may have with respect to the Content You Submit, provided, however that You grant Homie, its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Content (in whole or part), whether submitted in the past or in the future, and to incorporate such Content into other works in any form, media, or technology now known or later developed. Any and all Content created by Homie or its affiliates, will be owned by Homie, provided, however, that Homie grants You a one-year license to use any photographs, floor plans, virtual tours, or other Homie-created Content for any Property You list.
d. USE AND OWNERSHIP OF TRANSACTION DATA. You agree that any data submitted or processed through the Services will be captured, stored and will become the sole property of Homie. You hereby grant Homie an irrevocable license and right to use, reproduce, resell, and otherwise profit from, in any manner now known or later developed, such transaction data captured through the Services. The foregoing notwithstanding, Homie will not publish, use or resell any personally identifying information. The foregoing notwithstanding, Homie specifically reserves the right to retain, publish and use and sell all property details (such as square footage, number of bedroom, including address, together with listing and sale prices) associated with Your Property.
e. USE OF CONTENT: Homie may preserve, use and disclose any submitted content in its sole discretion (including without limitation within other products offered by Homie and its affiliates). You may not submit any Content unless You have all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner to publish such Content on the Website. Homie, in its sole discretion, may terminate the accounts of, and refuse service to, any User that violates this Agreement. Additionally, You agree to allow submitted property advertisements and Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Services and other Homie partners or affiliate websites. Homie has the sole authority to choose the manner in which any property advertisement will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website or in other advertisements. Homie has the right to modify Your property advertisement without notice in the exercise of its rights under this Agreement. You agree and authorize Homie to make any changes to such Content for any Fair Housing Act violations. The Fair Housing Act provides that it is illegal to advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap.
f. UPDATED INFORMATION AND CONTACT DETAILS. You agree to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property advertisements on the Website. You may not use robot, spider or other automated services to submit property advertisements to the Website.
g. USER REPRESENTATIONS. You (a) represent and warrant that all properties and associated information You provide, including submitted Content, will be accurate; and (b) agree to maintain the accuracy of all property advertisements at all times. You agree to indemnify and defend Homie for any liability arising out of incorrect or falsely advertised content. All Content and Property details are the sole responsibility of the User providing the Same, and all Users agree that Homie bears no responsibility for the accuracy, legality or completeness thereof.
h. PROTECTION OF LISTING INFORMATION. Homie will make reasonable efforts to backup data and maintain Content submitted or displayed on the Website, but You will be solely responsible for retaining back-up copies of all information, photographs and other materials submitted to Homie. Homie may add digital watermarks to certain parts of Your property advertisement, including photographs. Homie adds these digital watermarks to protect against the copying or further distribution of Your photographs without Your permission.
USER REGISTRATION AND COMMUNICATION
a. REGISTRATION AND LOGIN. Homie requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Homie system. You may not share Your individual login information with others. Homie has the right to refuse service to any individual, group or entity that refuses to abide by these Terms and Conditions.
b. EMAIL AND TEXT PERMISSIONS Homie uses email and text as its primary communication channel with Users. As a registered user, You hereby acknowledge and grant Homie permission to communicate with You via email (as well as other communication channels such as phone and text) for any purposes Homie determines to be relevant including, but not limited to, 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 and understand that additional text message charges may apply depending on your mobile phone plan and that Homie has no liability for such charges. Homie will not sell your email address, phone number or other contact information to third parties. However, Homie may transfer such information to third parties when you request information or services from such third parties through the Website or the Services. You expressly give Homie permission to provide its third-party service provider partners all contact and Property information you provide Homie following your positive indication of interest in information, goods or services provided by such third party.
c. COMMUNICATIONS DISCLAIMERS. Homie will have no liability for sending any email or text message to its registered users, regardless of content. You acknowledge and agree that Homie may record telephone and other electronic communications it has with You for internal business purposes, including but not limited to training and quality assurance purposes.
d. PASSWORDS. You are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under Your account, login or password. Homie is not responsible for any loss or damage arising from Your failure to maintain the confidentiality of Your account, login information or password.
e. BONA FIDE USE AND PENALTIES. You may only use the Website, Apps and Services for bona fide purposes. You may not submit false information, fake or inauthentic tour requests, offers or inquiries, or use the Website to disparage Homie, or, in connection with producing inauthentic reviews, posts or other negative and public-facing content, regardless of where posted. You may not impersonate other people or use fake, newly created or duplicate (Facebook or Gmail accounts) or other inauthentic accounts or credentials to access the Website, Apps or Services. You may not create more than one account with Homie and Your account may only reflect Your accurate and authentic identity information. You may not advertise Properties that You do not own or manage, or Properties that do not exist. You may not use the Apps, Website or Services to test or investigate Homie, the Website or the Services. You agree that any use of the Website, Apps or Services in a way that is prohibited by this Agreement would result in real damages to Homie, the monetary value of which would be difficult to calculate. Consequently, You agree that each instance of non-bona fide use, or use prohibited by this Agreement will result in liquidated damages of $1,000 to Homie. You agree to immediately pay such liquidated damages to Homie upon demand and cooperate with Homie to determine the identity of the User and nature of such non-bona fide use. You Further agree to pay any legal or other fees or costs of litigation and collection for any liquidated damages You incur. Any other provisions of these Terms & Conditions notwithstanding, Homie is not required to arbitrate any claims seeking liquidated damages for violations of the requirements set forth in this Section 2(e), and You may not require or seek arbitration relating to such claims. In connection with liquidated damages demands and claims for violations of this Section 2(e), Homie may seek payment and redress in any appropriate venue including all appropriate courts and administrative bodies. If You fail to pay liquidated damages to Homie upon demand, You agree that Homie can, and You will hold Homie harmless for, reporting the non-payment of liquidated damages to appropriate bodies such as employers, banks, credit reporting bodies, licensing organizations, etc. Solely with respect to the enforcement of the rights and penalties located in this Section 2(e), You authorize, constitute and appoint Homie’s Chief Legal Officer or any attorney designated by Homie, as Your true and lawful attorney-in-fact to appear for You and to confess judgment against You in favor of Homie for the full amount of the liquidated damages, plus court costs and attorneys’ fees equal to 25% of the amount due, all without providing You prior notice or opportunity for prior hearing, without stay of execution or right of appeal, and expressly waiving the benefit of all exemption laws, appeals, stay of execution or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment, and any irregularity or error in entering any such judgment. No single exercise of the power to confess judgment granted in this Section shall exhaust the power, regardless of whether such exercise is ruled invalid, void, or voidable by any court. The power to confess judgment granted in this Section may be exercised from time to time and as often as Homie may elect.
f. RESPONSIBILITY FOR PROTECTION OF PROPERTY AND SELF. Homie provides communication tools that allow Users to interact with each other and schedule in-person tours of Properties advertised on Homie. Homie does not background check or verify the authenticity of its Users or their accounts. You alone are responsible for Your safety and the protection of Your Property when interacting with other Users. You agree to hold Homie harmless (i) from any damage or injury to life or property occurring in connection with Your use of the Services as they relate to the scheduling and conducting of property tours (ii) in connection with Homie’s assistance in providing access to, and information about, Your home and (iii) from any liability resulting from the actions of Users or third parties resulting from or related to Homie’s communication, home tour and home access tools and services.
USE OF INFORMATION
a. DISCLAIMERS You agree to treat all related-property sales’ price information obtained from the Services, including historical transaction information and analytical market data (“Value Reports”), and any information otherwise made available through the Services as Homie’s sole property, or the sole property of Homie’s third party provider, as applicable, and You may not resell or otherwise use such Value Reports other than pursuant to the terms of this Agreement. You agree to maintain as confidential and a trade secret of Homie all information provided to You through the Services. Homie does not guarantee the accuracy of, endorse or recommend any information, including Value Reports, provided through the Services and You agree to use such information at Your own risk. Comps and other similar information, tutorials, advice and reports provided through the Services ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY OR THROUGH HOMIE, YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL.
b. LIMITATIONS. You may only use Value Reports and other Homie provided information for personal and internal use, and may not use any such information or Value Reports for further distribution, publication, public display, or preparation of derivative works, or to facilitate any of these activities in any way. You may not use the Services to compete with Homie in any way. You may not copy Homie products, services or information; decompile, decode or reverse engineer Homie software; or use Homie products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory fraudulent or other illegal purposes, and You agree to indemnify and defend Homie if you use or attempt to use Homie’s products, services or the Website in any such manner.
a. PAYMENT TERMS. You agree to pay for all Services ordered through the Website, Apps or third-party websites (partners, advertisers, etc.) using the payment method indicated, and provide Homie express authorization to charge said fees to You through the payment provider connected to such payment method at the time of purchase. You agree to pay any attorney fees, court costs, or other costs incurred in collection of delinquent amounts. If payment is not current, Homie may immediately cease to provide any and all paid Services and remove any and all advertisements You have posted. The fees charged do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Services. At Homie’s option, User is required to pay such taxes or fees directly or pay to Homie any such taxes or fees immediately upon receiving an invoice from Homie. Homie is required to collect sales tax on purchases in select states. All setup fees are due and payable in advance of posting Your Property advertisement. The settlement fee, as defined in the buyer-broker agreement, is due and payable upon closing. If such contract falls through, the settlement fee shall not be charged.
b. CANCELLATION. You may cancel Your advertisement at any time by removing Your advertisement from the Website or contacting Homie at email@example.com. If there has been no activity or response from You regarding an advertised Property for a period of more than Six months, Homie reserves the right to remove such Property advertisement in its sole discretion. It is Your sole responsibility to cancel Your advertisement when your transaction is complete, and You agree to alert Homie after your transaction is complete. Homie will remove any Property advertisements for accounts where timely payment has not been made or has been revoked. Homie may also cancel its Services with you in its sole discretion, though may provide a refund if you do not agree to the cancellation of the Services.
c. UPDATES TO BILLING AND ACCOUNT INFORMATION. You must promptly provide Homie with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online after logging into Your Homie account.
d. BILLING ISSUES. You must notify Homie about any billing problems or discrepancies within 90 days after charges first appear on Your account statement. You agree to waive Your right to dispute any problems or charges if not brought to Homie’s attention within 90 days of the occurrence of such problems or charges.
Unsolicited Commercial Email (Spam).
a. Homie Services may not be used to generate or send unsolicited commercial email (spam) or unsolicited calls or texts. You agree to send email, call and text only to those who have given You consent, or with whom You have an established business relationship. Homie may revoke Your ability to send email through the Services if You violate these terms.
Ownership and License Grant
a. OWNERSHIP. Homie retains all rights including intellectual property rights, title and interest in the Website, Apps, other Homie technology, email databases and all underlying technology and data, including any enhancements and improvements thereto as a result of providing the Services hereunder. You may not, and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Homie’s technology or delete or alter author attributes or copyright notices. You are permitted to use the Services solely for Your own use and may not allow others to use the Services through Your login ID/email and password. You may not use the Website or Services on behalf of any other person or in a service bureau capacity.
Limitation of Liability and Indemnification
a. LIMITATION OF LIABILITY. HOMIE IS NOT LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY ANY USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SERVICES. Your exclusive remedy, and Homie’s entire liability under this Agreement shall be a refund of the fees paid to Homie hereunder. In no event will Homie’s liability for any reason exceed the amount of fees You have actually paid Homie. If you have not paid Homie any fees, Homie’s maximum liability for any loss or liability of any kind or nature, regardless of the theory of liability, will not exceed the settlement fee. Homie (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Your use of the Apps, Website or Services.
b. INDEMNIFICATION. You agree to indemnify Homie (and Homie’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than You arising from Your use or application of the Website, App or Services. Further You agree not to bring suit, file a complaint or cooperate in any action claiming Homie acted on Your behalf, represented You in connection with a real estate transaction, or conducted any other activity that would be in violation of applicable real estate laws or regulations.
THE SERVICES, VALUE REPORTS, CONTRACT GENERATION AND NEGOTIATING TOOL AND RELATED MARKET INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMIE DOES NOT REPRESENT OR WARRANT THE ACCURACY, OPERATION, EFFECTIVENESS, CURRENCY, OR VIABILITY OF THE SERVICES OR ANY REPORTS OR INFORMATION PROVIDED THROUGH THE SERVICES. WITH RESPECT TO CONTENT, HOMIE DOES NOT VERIFY, AND DISCLAIMS ALL WARRANTIES AS TO ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. HOMIE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS. HOMIE DOES NOT WARRANT THE SERVICES OR GUARANTEE ANY RESULTS. THE HOMIE WEBSITE AND SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE OR LOSS CAUSED BY THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOMIE, ITS EMPLOYEES OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
Links to Third Party Sites
The Website and Apps may contain hyperlinks to other websites operated by parties other than Homie and its subsidiaries. Such sites are beyond Homie’s control. Third parties may provide services or sell product lines on the Website or through the Apps that take You outside of the Services. Homie does not control, is not responsible for examining or evaluating, and does not warrant the offerings of any third party. Homie does not assume any liability for the actions, products, and content of these and any other third parties. Homie makes no representations and is not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites.
Governing Law; Arbitration
This Agreement, and the Services provided by Homie, shall be governed by the laws of the State of Utah, without reference to conflict of laws principles. 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. 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. All claims or causes of action related to this Agreement or the Services must be brought within one year of such the initial event that gave rise to such claim or cause of action, or the same will be barred, cannot be brought or enforced against Homie and of no further force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign, sublicense or otherwise transfer this Agreement or the rights hereunder without the prior written consent of Homie.
Waiver, Severability and Survival
The failure of Homie to exercise or enforce a legal right or remedy contained in this Agreement does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of this Agreement is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees to continue to abide by such provision and that the remaining terms and provisions will remain in full force and effect. The following sections of this Agreement will survive the Termination of the Agreement and Your discontinuance of use of the Homie Website and Services: 1(a), 1(d), 2(b), 2(e), 3, 7, 8, 10, 12
All notices to Homie must be in writing and must be sent via registered mail, certified mail, or overnight mail with a return receipt requested to Chief Operations Officer at Homie. Address is listed on the Website.
You acknowledge and understand Homie has affiliated businesses that may be part of Your transaction, either that You choose to use or the other party in Your transaction chooses to use. You further acknowledge that You are not obligated to use any Homie affiliated business for any part of Your transaction and You understand that you may use any unaffiliated business. You agree that you will hold Homie, and any Homie affiliated business harmless for all reasons, as agreed to above in Section 7 and 8.
Counterparts and Facsimiles
You agree that any electronic transmission of a signed copy of transaction data shall be the same as delivery of an original. You further agree that any transaction may be in counterparts, each of which is deemed an original, but all of which together constitute one and the same agreement. These documents may be delivered by facsimile transmission, and facsimile copies of executed signature pages shall be binging as originals.
This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. No representative of Homie may make oral modifications or amendments to this Agreement. Only written modifications signed by an appropriate executive of Homie will be valid.